AN ABRIDGMENT of 
THE VIRGINIA LAWS 
CONCERNING EDUCATION 





ANNA L, JONES 






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Book 



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Copyright 1)J". 



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COPYRIGHT DEPOSIT. 



AN ABRIDGMENT 



OF 



THE VIRGINIA LAWS 

CONCERNING EDUCATION 



BY 



ANNA L. JONES, 

OF Lynchburg, Virginia. 



Lynchburg, Va. 

J, P. Bell Company, Inc., Printers 

1915 



Copyright, 1915 
By Anna L. Jones 



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NOV 26 1915 

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INTRODUCTION 



The Constitution of Virginia makes mandatory the establish- 
ment and maintenance by the General Assembly of an efficient 
system of public free schools throughout the State; empowers 
that body to establish agricultural, normal, manual training, 
and technical schools, and such graded schools as may be for 
the public good, and provides for the government of State insti- 
tutions of learning. Const., §§ 129-142. 

The General Assembly of Virginia, by Chapters 66-73 of the 
Code, as supplemented and amended by other sections, and by 
subsequent Acts, has provided for a system of public free 
schools, for the continuance of various State institutions of 
learning, the establishment and maintenance of other institu- 
tions and agencies educational in their character, and has made 
provision for their organization and administration, and — to 
some extent — for their support. 

This abridgTiient treats of all constitutional and statutory 
provisions of the Virginia law concerning the educational inter- 
ests of the State as laid do^ni in the latest amendments to the 
Constitution and the most recent enactments of the Genera! 
Assembly. These latest amendments are noted in every case 
in the Tables of Part IV, which show in numerical order all 
sections of the Constitution and Code and all Acts of the 
Assembly herein referred to. Xo extraneous matter has been 
incorporated. 

Tlie references, except as otherwise plainly stated, are to 
Pollard's Code of 1904, the Supplement thereto of 1910, 
Pollard's Code Biennials of 1912 and 1914, and the Acts of 
Assembly, including Acts of Extra Session of 1915. 

For members of the bar, school officials in high authority, 
and a few other people, the classified and annotated collections 
of the statute laws of the State known as '^Pollard's Codes" are 
readily available, but to the average citizen, unaccustomed to 
the use of so technical a work, they are for practical pui^oses 
inaccessible. For the careful student with time and inclination 
to study meanings out from the mass of imcodified material 
found in the Acts of Assemblv since the last revision of the 



4 INTRODUCTION 

State Code, the compilation of ^^Virginia School Laws" issued 
by the Department of Public Instruction affords a conveniently 
compact copy of the public school laws. For the mass of the 
people, however, who desire, as a basis for intelligent service, 
an accurate knowledge of the laws of the State concerning edu- 
cation, there has been no dependable source of information open 
for easy reference and ready comprehension. 

To meet that need I have prepared this volume. I trust it 
will fulfil its mission of bringing within convenient reach a 
general knowledge of the provision made by the State for the 
education of her people, to the end that intelligent interest may 
quicken to wise action, directed toward the enforcement of 
existing good laws, the repeal of unwise ones, and the enact- 
ment of the additional statutes needed to equip Virginia for 
her rightful place in the forefront of the fight against illiteracy — 
the battle upon which the success of our Republic depends. 

The book will serve as an authoritative and convenient refer- 
ence digest for all persons who have occasion to take action 
under the school laws. 

The Appendix gives in form less abridged, and frequently 
quotes entire. Regulations of the State Board of Education, 
rearranged (with apologies to the Department of Public 
Instruction) in an effort to collect them into a convenient 
synopsis. 

There will also be found in the Appendix a list of the public 
school officials of the State, the Rules and Regulations of the 
State Board of Health Governing the Public Schools, and the 
provisions made by the Act of Congress of May 8, 1914, for 
extension work in agriculture and home economics. 

In the preparation of the work I have been much indebted to 
Mr. R. Colston Blackford for the use of his valuable library, 
and to the Honorable R. C. Stearnes, Superintendent of Public 
Instruction, for his ready and courteous response to every 
request for official information from the Department of Public 
Instruction. 

Anna L. Jones. 

Lynchburg, Va., November, 1915. 



TABLE OF CONTENTS 



PART I 

Organization and Administration of the Public Free School System 

chapter page 

I. Organization of the Public Free School System 9-28 

II. Administration of the Public Free School System 29-62 

PART II 
Institutions Educational in Character 

III. State Institutions of Learning 65-74 

IV. Administration of State Institutions of Learning 75-86 

V. State Schools for the Defective, Deficient and Delinquent, 
and Laws for the Protection of Destitute or Orphaned 
Children 87-93 

VI. Libraries 94-99 

VII. Miscellaneous Provisions of the Law Concerning Education, 
and Educational Institutions and Agencies — State, Local, 
and Private 100-105 

PART III 

Revenues and Property 

VIII. Sources of State Revenues for the Establishment, Support, 
and Maintenance of the Public Free Schools and the State 
Revenues Appropriated in Aid of State Institutions Edu- 
cational in Character 109-135 

IX. Sources of Local Revenues for the Establishment, Support, 
and Maintenance of the Public Free Schools and Local 
Funds in Aid of Education 136-144 

X. Funds for Education Derived from Glebe Lands and Church 
Property, and from Gifts, Grants, Devises, and Be- 
quests ' 145-152 

XL Real Estate and Personal Property Held for the Benefit of 
the Public Free School System and State Institutions 
Educational in Character 153-161 

XII. Loans and Bonds Issues in Aid of the Public Free School 

System and State Institutions of Learning 162-168 

XIII. Administration of Revenues and Property Held in the Inter- 

est of Public Education ^ 169-190 

XIV. Costs of Administration of the Public Free School System 

and State Institutions Educational in Character 191-190 



6 TABLE OF CONTENTS 

* PART IV 

Tables 
table page 

I. A Table Showing Consecutive List of Sections of Virginia 
Constitution of 1902 Concerning Education, as Amended 
to July 1, 1914 199-200 

II. A Table Showing Consecutive List of Sections of Virginia 
Code of 1904 Concerning Education, with latest amend- 
ments thereto, made at Sessions of the General Assembly 
of 190C), 1908, 1910, 1912, 1914, or at Extra Session of 
1915 201-213 

III. A Table Showing Acts of Assembly Concerning Education 
of a General and Permanent Nature, not in Terms 
Amendatory of the Code, given chronologically as last 
amended, and as found in Supplement 1910 to Pollard's 
Code of 1904. in Pollard's Code Biennials of 1912. 1914, 
and in Acts of General Assembly from 1906, through Acts 
of Extra Session of 1915 214-220 



APPENDIX 

Public School Officials of Virginia 223-226 

Regulations of State Board of Education 227-267 

Rules and Regulations of State Board of Health 259-261 

Act of Congress 1914, Providing for Agricultural and Home Eco- 
nomics Extension Work 267-270 

General Index 271 



Part I. 



ORGANIZATION AND ADMINISTRATION 

OF 

THE PUBLIC FREE SCHOOL SYSTEM 



Virginia Laws Concerning Education 



CHAPTER I 

OKGAmZATIO^T OF THE PUBLIC FREE SCHOOL SYSTEM 



"The General Assembly shall establish and maintain an efl&cient 
system of public free schools throughout the State." Constitution, 
§ 129. 

"The General Assembly may establish agricultural, normal, manual 
training and technical schools, and such grades of schools as shall 
be for the public good." Const., § 137. 

"An efficient system of public free schools shall be established 
and maintained in all the counties, towns, and cities of the State." 
Code, §§ 1427, 1522. 



"The public free school system shall be administered by the fol- 
lowing authorities, to-wit : A State Board of Education, a Super- 
intendent of Public Instruction, division superintendents of schools, 
and district and county school boards." Code, § 1428. 



THE PUBLIC FREE SCHOOLS ESTABLISHED IN VIRGINIA 

Graded Schools 

The State Board of Education has power to regulate the 
number of pupils required to form a public free school. Code, 
§ 1495. . 

In all localities where the number of children is sufficient, 
preference must be given, under suitable regulations, to the 
establishment of graded schools, but the number of schools in 
the State must be determined bv the amount of available funds ; 
and it is the duty of the State Board of Education to guard 
against such a multiplication of schools in proportion to funds 
as will in any way impair their efficiency. To this end, district 
schools boards are authorized to provide for the consolidation of 
schools and the transportation of pupils. Code, §§ 1433(7), 
1502, 1503. 

A joint pchool may, with the consent of the State Board of 
Education, bo established in two adjacent districts, in the 
same, or adjoining counties, for the use of both districts. 

Acts 1914, p. 278, Biennial 1914, p. 426; Appendix, pp. 
229-30. 



10 VIRGINIA LAWS CONCERNING EDUCATION 

City Public School Systems 

City school boards have the power and duty of establishing 
such schools as in their judgment may be necessary to the com- 
pleteness and efficiency of their respective school systems (Code, 
§ 1538(6) ), and cities and towns are empowered by § 141 
of the Constitution to make appropriations to any schools or 
institutions of learning owned or exclusively controlled by 
therh. See also Code, § 1522. 

High Schools 

For the purpose of encouraging an intermediate grade of in- 
struction between grammar school and college, any school board 
may, under regulations of the State Board of Education, es- 
tablish and maintain schools of a higher grade ; or, in any public 
school provide for instruction in any branches necessarj^ to 
qualify pupils to teach in the public schools or to enter insti- 
tutions of higher education, with the right to the school board 
to charge each pupil a fee of not exceeding $2.50 per month. 
But regular and efficient instruction in the elementary branches 
must not be thereby interfered with. Code, §§ 1498, 1499, 
1538(6); Acts 1906, p. 350, Supplement 1910, p. 663. See 
Appendix, pp. 230-3-5. 

The State Board of Education must be satisfied by report 
of a competent inspector, selected by it, that such schools con- 
form to the standard it has fixed for public high schools in 
Virginia before any State funds may be appropriated for their 
support. AVhen satisfied with the standard of any such school, 
it is the duty of State Beard to make an annual appropriation 
of $250.00 toW'ard its support, upon receiving a certificate from 
the superintendent of schools for the division in which it is 
located that the district school board has appropriated at least 
that amount for its annual support, either from local school 
funds or from funds privately subscribed for the purpose ; and 
if any district board appropriates a larger amount, the State 
Board must make an equal increase in its appropriation, but 
nc^t to exc( ed $400.00 for any one high school in any one year. 
y,o State funds may bo used in a district for high school pur- 
poses until provision has been made to maintain its primary 
and grammar schools for at least five months. 

Subject to the above limitations, it is made lawful by said 
Act of 1906 for anv district school board to establish and main- 



ORGANIZATION OF PUBLIC SCHOOLS 11 

tain a public high school, located for the best interests of the 
school, and the best con^'cnience of the pnpils who are to at- 
tend it, either in a suitable building provided for the purpose, 
or in some building with one of the graded schools. 

Unless, in the judgment of the State Board of Education, the 
area and population of a district so justify, not more than one 
high school in any school district may have the benefit of State 
funds under said Act of 1906. 

Two or more districts, in the same or adjoining counties, 
may unite in establishing and maintaining a joint high school, 
under rules and regulations prescribed by the State Board of 
Education ; the requirements for admission and the conditions 
upon which properly prepared pupils from other districts may 
attend, to be also prescribed by the State Board. 

See Appendix, pp. 230-3-5. 

Night Schools 

In districts where day schools are conducted eight or more 
months each year, district school boards may, in their dis- 
cretion, establish and conduct night schools to which pupils 
may be admitted regardless of age. But no such school may 
be established or conducted except with the consent of the 
State Board of Education, in cases where in its opinion the 
usefulness and efficiency of the day schools will not be im- 
paired thereby, and under rules and regulations prescribed by 
It. Code, § 1494. See Appendix, p. 235. 

Agricultural High Schools 

In at least one public high school, selected by the State Board 
of Education, in each congressional district (as the districts 
were formed in January, 1912), there must be given, in 
addition to the academic course prescribed for such high 
schools, a thorough course in agriculture, the domestic arts and 
sciences, and manual training ; at least one-fourth of the school 
time to be devoted to these subjects. 

Xot less than five acres of land convenient to each of such 
schools must be acquired by lease, purchase or donation, for 
the purpose of providing practical demonstrations in agri- 
cultural science ; the cultivation of the land, so far as possible, 
to be done by the students themselves. A careful account is 
required to be kept of the products of each student's labor^ 



12 VIEGINIA LAWS CONCERNING EDUCATION 

showing how disposed of, and the prices received for what is 
sold; the proceeds to be used in accordance with general regu- 
lations adopted hy the district school board of the county 
wherein the school is located, subject to approval by the State 
Board of Education. 

Suitable buildings must be provided and equipped for the 
purposes of such schools, including • w^orkshops planned for 
practical instruction in elementary manual training, in bench 
work, and in other forms of shop work applicable to rural life. 

All female students attending such high schools must be in- 
structed in the domestic arts and sciences, suitable equipment 
therefor to be provided by the district school boards out of the 
funds applicable to the maintenance and equipment of the 
school. The girls may also take the agricultural course, if they 
so desire. 

These agricultural high schools may be used as centres for 
directing the demonstration farm work and other extension 
work throughout the bounds of the several congressional dis- 
tricts, conducted under such rules and regulations as the State 
Board of Education and the president of the V. P. I. may pre- 
scribe. Acts 1912, p. 56, Biennial 1912, p. 209. 

Part-time, Continuation, or Evening Classes for 
Industrial Education 

Any district school board may establish all-day, part-time 
or continuation or evening classes, giving industrial, agri- 
cultural, household arts or commercial education, and provide 
for their support in the same manner as for the regular schools 
of the district ; such education to be of less than college grade, 
designed to meet the vocational needs of persons over fourteen 
years of age, who are able to profit by the instruction. Acts 
1914, p. 144, Biennial 1914, p. 402. 

Normal Schools 

City school boards have power to establish noiTnal schools. 
Code, § 1588(G). 

The State Board of Education must designate not more than 
one high school in successful operation in a county in which a 
normal department may be established and conducted ; pre- 
scribe the normal course to be adopted and taught in connection 
with the high school curriculum already ]U'ovidod, and dc^- 



ORGANIZATION OF PUBLIC SCHOOLS 13 

teiTriine the qualifications of the teachers to be employed. Or, 
in its discretion, the State Board may designate a school in an 
incorporated town or city of the county, provided no State 
normal school is located therein. 

The object of such noiTnal departments is to instruct teachers 
in the best methods of organizing, teaching and managing pri- 
mary schools in the rural districts, thus giving a convenient 
and economical means for providing the trained and capable 
teachers indispensable to an efficient school system. 

The State Board of Education, in its discretion, may stipu- 
late that any pupil receiving the benefit of such normal course 
of training shall obligate himself to teach not less than two 
years in the rural public schools of the State. 

Acts 1908, p. 69, Supplement 1910, p. 728. 

Summer Normal Schools 
For White Teachers — 

Section 1481 of the Code provides for the establishment 
and maintenance of not less than eight State summer schools 
for the better equipment of the teachers in the public schools of 
the State, by familiarizing them with more advanced methods 
of teaching, and furnishing such additional academic training 
as will tend to promote the usefulness of the public schools. 

These schools are required to be held for a period of not less 
than four weeks in each year, during the summer vacation, 
under the general management of the State Board of Educa- 
tion, and are supervised by the superintendent of public 
instruction, who determines the dates of beginning, the places 
at which held, 'the courses of instruction, and the instructors. 

N^o Virginia teacher may be charged tuition in these summer 
normal schools ; and no officer or teacher in the public school 
system, or in any of the State institutions of learning, em- 
ployed by the calendar year, may be paid as an officer or in- 
structor in the summer school and for the same period as a 
teacher or officer in the public school system, or in a State 
institution ; but he has the right to choose for which service he 
will accept payment. Act Appropriating: the Public Revenues, 
1914, p. 328.*^ 

For Colored Teachers — 

Sub-sections 15-18, inclusive, of § 1613 of the Code provide 
for the conduct every year of a summer normal school by the 



14 VIRGINIA LAWS CONCEEXIXG EDUCATION 

president, professors and teachers of the Virginia Xormal and 
Industrial Institute, for the benefit of the colored teachers of 
the public schools of the State and those colored persons who 
expect to become teachers. 

This school opens upon a date designated bv the board of 
visitors of said institute, not later than July 1st, in each year, 
and continues four weeks, giving instruction in such branches as 
relate to the academic and professional improvement of teachers. 

The teachers in attendance are privileged to occupy the insti- 
tute buildings, and to be furnished with the same accommo- 
dations as to board and lodging as the regular students ; the 
charge for board and lodging to each teacher not to exceed 
$2.00 a week. They are subject, while students in this sum- 
mer school, to such rules and regulations as to government and 
discipline as the board of visitors of the said institute may ap- 
prove. 

•The regular employees of the institute are required to per- 
form such sen'ices during the summer terai as the institute 
authorities may require ; the annual salary allowed to the presi- 
dent, professors, teachers and other employees covers the 
time they are on duty in the summer school work. The board 
of visitors may employ other competent and skilled instructors 
to assist the regular faculty. Code, § 1613(16). 

The president of the institute, with the approval of the board 
of visitors, may issue circulars or adopt such other means as may 
be deemed expedient for giving due notice of the time when the 
summer nonnal will beo'in, and the courses of instruction to 
be given. 

The teachers attending must be given such certificates of 
merit as the authorities of the institute may prescribe. 

l^othing in the above provisions for a summer normal may 
be construed as affecting the authority of the superintendent 
of public instruction to use any funds at his disposal for pro- 
moting and encouraging a system of normal instruction among 
the colored teachers in other parts of the State. Code, § 1633. 

Courses of Study for Common and High Schools — 

In these common and high schools there must be taught 
orthography, reading, writing, arithmetic, grammar, geography, 
history of the United States and of Virginia, physiology and 
hygiene, drawing and civil government. In teaching ]")hvsiology 
and hygiene, n])proved text books must be used, ]^lainly show- 



ORGANIZATION OF PUBLIC SCHOOLS 15 

ing the effects of alcohol and other narcotics on the human 
system, and such effects shall be as fully and thoroughly taught 
as are other branches of said subjects. Provision must also 
be made, throughout the entire course, for moral education, 
through instruction imparted by reading books and studying 
text books selected by the State Board of Education, inculcating 
the virtues of a pure heart and noble life. Code, § 1497. (See 
pp. 26, 32, post.) Appendix, p. 235. 

It is the duty of every teacher, under information prepared, 
published, and distributed by the superintendent of public 
instruction, to devote not less than thirty minutes in each month 
of the school session to instructing pupils in ways and means 
of preventing accidents. Acts of 1914, p. 212, Biennial 1914, 
p. 415. (See pp. 25, 35, post.) 

Ag^riculture, Domestic Science and Art, Manual Training, and Commercial 
Education — 

The State Board of Education is authorized and directed to 
investigate conditions and assist in the introduction of in- 
dustrial, agricultural, household arts and commercial educa- 
tion, and to aid local school authorities to initiate and superin- 
tend the establishment and maintenance of schools and depart- 
ments of schools, or other agencies, for such forms of educa- 
tion. Acts 1914, p. 144, Biennial 1914, p. 402. 

Public Free School Libraries 
(See p. 98) 

DISTRIBUTION, USE, AND MANAGEMENT OF THE PUBLIC 

FREE SCHOOLS 

Distribution of Schools by Districts 
School Districts in Counties — 

Each magisterial district constitutes a separate school dis- 
trict, unless the State Board of Education provides for re- 
districting a countv where the interests of the schools require 
it. Code, § 1469.' 

The scliool districts in each countv must be ffiven numbers 
or names, and a record made thereof, and of their boundaries, 
in the office of the clerk of the circuit court, and a report of 



16 VIRGINIA LAWS CONCERNING EDUCATION 

these facts filed in the office of the superintendent of public 
instruction. Code, § 1467, pp. 31, 36. 

Section 111 of the Constitution of 1902 provided that the 
magisterial districts should remain as then constituted until 
changed by law, and that thereafter no additional districts might 
be made containing less than thirty square miles. See Code, §§ 803, 
804. 

School Districts in Cities and Towns — 

City school boards have power, subject to approval by the 
city council, to prescribe the number and boundaries of school 
districts ; but until such provision is made, in every city divided 
into wards, each ward is a school district, its number and 
boundaries to be reported for record by the superintendent of 
public instruction, and by the clerk of the court having juris- 
diction. Every city or town which is not divided into wards 
constitutes a single school district. Code, § 1524. 

A city declared to be of the second class constitutes one 
separate school district in the county in which located. Acts 
1908, p. 3, Supplement 1910, p. 718. See p. 40, post. 

A town of more than five hundred inhabitants may, at the 
discretion of its council, be constituted a single school districts 
Code, § 1469. See p. 40, post. 

First- and Second-Class Cities and Towns Defined — 

Section 116 of the Constitution provides that the words 
'^incorporated communities" shall be construed to relate only 
to cities and towns, and that all incorporated communities hav- 
ing within defined boundaries a population of ^ve thousand or 
more shall be known as cities, and those with less than five 
thousand shall be known as towns; excepting only such in- 
corporated communities of less than five thousand inhabitants 
as were chartered as cities at the time of the adoption of the 
Constitution of 1902. Code, §§ 1013a, 1013b. 

Cities having a population of ten thousand or more are 
known as cities of the first class, and those with more than five 
thousand and less than ten thousand are known as cities of the 
second class. See Acts 1906, pp. 21, 230, and Acts 1908, p. 3, 
Supplement 1910, p]). 544, 644, 713. 

School Laws Applicable Alike to Cities, Towns, and Counties — 
Exceptions — 

The provisions of Chapter 66 of the Code, concerning educa- 
tion, (uibracino' §§ 1427-1521, inclusive, are applicable to the 



ORGAiSriZATIOX OF PUBLIC SCHOOLS 17 

cities and towns in like manner as to the counties of the State, 
except as provided in Chapter 67, embracing §§ 1522-1538, in- 
clusive. Code, § 1522. 

School Population 
School Age — 

The public free schools of Virginia are free to all persons 
between the ages of seven and twenty years residing within the 
school district. Code, § 1492. 

Any child six years of age who in the opinion of the teacher 
or division superintendent has reached such a stage of maturity 
as to render it advisable to permit him to enter school must also 
be admitted. Acts 1914, p. 141, Biennial 1914, p. 402. 

At the discretion of the district school board, under regula- 
tions prescribed by the State Board of Education, pupils be- 
tween the ages of twenty and twenty-five may likewise be ad- 
mitted upon the prepayment of tuition fees, and to the night 
schools pupils may be admitted regardless of age ; provided in 
either case that their admission will not in the opinion of the 
district board impair the usefulness and efficiency of the school. 
Code, § 1494. See Appendix, p. 235. 

White and Colored Schools — 

AA'hite and colored children must be taught in separate schools 
(Const., § 140) imder the same general regulations as to 
management, usefulness and efficiency. Code, § 1492. 

One-sixteenth colored blood makes a negro, and one-fourth 
Indian blood an Indian. Code, § 49. 

School Census — 

The school population in each district is ascertained by a 
school census taken every five years. The last school census in 
Virginia was taken in April and May of 1915. Section 1402 
of the Code provides that every five years the clerk of each dis- 
trict school board shall, in person or by deputies approved by 
the division superintendent, take a census of all ]iorsons between 
the ages of seven and twenty years residing within the school 
district, and gather statistics relating to the interests of educa- 
tion therein, according to forms furnished by the superintendent 
of public instruction. These lists, promptly and carefullv re- 
vised by the district school board, and delivered to the division 
superintendent, are open to inspection by any citizen^ and, until 



18 VIRGINIA LAWS CONCERNING EDUCATION 

the next census is taken, form the basis of apportionment of 
the State school funds. In the counties, the census returns are 
laid before the county school board at its annual meeting in 
August before they are delivered to the division superintendent. 
See also Acts 1910, p. 208, Supplement 1910, p. 882. 

Census of Deaf and Blind. — At the same time, the clerk is 
required to take a separate census of the deaf and blind persons 
residing in the district, between seven and twenty years of age, 
giving age, sex, and residence of each, for transmission by the 
division superintendent to the superintendent of the School for 
Deaf and Blind. Code, § 1463. See pp. 38, 43, post. 

Census ivJien Distinct Boundaries changed. — When bounda- 
ries of districts are changed, a census must be taken of the 
children in the territory concerned, showing which of those on 
the preceding census books have been transferred, and the 
records of the district amended accordingly, as a new basis for 
the apportionment of the State school funds. Code, § 1463a. 

Census returns for districts situated in more than one county 
must show in which county each child resides. Act 1910, p. 
208, Supplement 1910, p. '882.^ 

Distribution of Pupils by Districts — 

Section 1492 of the Code provides that the public free 
schools shall be free to all persons between the ages of seven 
and twenty years residing within the school district ; "provided, 
that whenever a school is so situated in one district that it is, 
with the approval of the division superintendent, attended by 
children of another district, the board of the district other than 
that in Avhich the school is located shall, in the absence of agree- 
ment or when no agreement can be reached, pay for each child 
to the district in which the school is located the cost of educa- 
tion per pupil enrolled, to be determined by the division super- 
intendent of schools, with right of appeal by any person inter- 
ested, or either of the district school boards, either with 
reference to the propriety of the said attendance by children of 
another district or the cost of education as aforesaid, within 
ninety days ; the said appeal to be made in writing to the school 
trustee electoral board of the county in which the school is 
located; and the State Board of Education shall have power 
and it shall be its duty to make regulations whereby the children 
of one district may attend school in an adjoining district, out 
of the county or an adjoining city ; provided that white and 



ORGANIZATION" OF PUBLIC SCHOOLS 19 

colored persons shall not be taught in the same school, but shall 
be taught in separate schools, under the same general regula- 
tions as to management, usefulness and efficiency." 

Code, § 1493. '^The preceding section is subject to the 
following qualifications : 

"First. Any person domiciled in this State' who is a resident 
of any school district of the State may send his children to any 
public free school in any other school district of the State upon 
such terms and conditions as may be prescribed by the school 
board of the said last mentioned school district, and any 
guardian domiciled in this State as aforesaid, for his ward or 
wards, shall be entitled to the same privilege for them if they 
are domiciled in Virginia, which said terms and conditions shall 
be complied with by the school district in which said parent or 
guardian resides ; provided that the said school district in which 
said parent or guardian resides shall have the right of appeal 
to the school trustee electoral board of the county in which the 
said district is situated, which said school trustee electoral 
board shall decide finally what are just and proper terms and 
conditions in each case; and, provided further, that children 
whose parents or guardians do not reside in a city shall be 
received into the public schools of such city only upon such 
terms and conditions as may be prescribed by the school board 
thereof; subject to an appeal to the State Board of Education, 
but the provisions of this act shall not apply to indigent 
children, and children living with and entirely supported by 
residents of said district shall be admitted to the public free 
schools of said district as if they were children of said residents. 

"Second. The school board of any district bordering on an- 
other State which grants the same privilege to the State of 
Virginia, may, in its discretion, admit into its schools, free of 
tuition, persons of school age residing beyond the limits of this 
State, but near thereto, if their parent or guardian pay taxes 
in the said district. 

"Third. Attendance shall be upon the school in the district 
nearest to the residence of the pupils, unless otherwise ordered 
by the district school board subject to the regulations of the 
State Board of Education.'' See Appendix, p. 236. 

Compulsory Education — 

Constitutional Provision. — The General Assembly may, in 
its discretion, provide for compulsory education of children be- 



20 VIRGIN'IA LAWS CONCERNING EDUCATION 

tween the Siges of eight and twelve years, except those weak in 
body or mind, those who can read and write, those who are at- 
tending private schools, and those excused for cause by district 
trustees. Const., § 138. 

Statutory provision — under local option. — The provisions of 
the compulsory education law apply only in those counties, 
cities, towns or magisterial districts, constituting separate 
school districts, where the question has been submitted to the 
qualified voters in the manner provided in the Act of Assembly, 
passed March 14, 1908 (p. 640) and adopted by them as 
applicable to the residents of their respective districts. 

Petition for submission of the question may be made to the 
judge of the court having jurisdiction by a majority of any 
county, city, or town school board, acting through the division 
superintendent, or by a number of qualified voters equal to one- 
third the number of votes cast in the district concerned at the 
last regular [November election. 

In a school district where the compulsoi'y education law is 
adopted as above, it becomes effective at the beginning of the 
next school jear following the election, and every parent, 
guardian, or other person having charge or control of any child 
between the ages of eight and twelve years residing in the 
district is thereafter required to send such child to a public 
school of the State for at least twelve weeks in each school year 
(at least six weeks of which must be consecutive) unless ex- 
cused by the district trustees for cause, or unless the child be 
weak in body or mind, or can read and write, or is attending 
a private school, or lives more than two miles by the usual 
traveled route from the nearest public school or more than one 
mile from the line of an established free school wagon route. 
Two weeks' attendance at half time or at night school is, under 
the above law, equivalent to one week in day school. 

It is the duty of the district school board, on the second 
Monday in February and the second Mondaj- in September — 
or within fifteen days thereof — in each year, to ascertain in 
such manner as the State Board of Education may direct, the 
condition of all children between the ages of eight and twelve 
who are not in attendance upon any public school, and report 
all violations of this act to the district clerk, who must at once 
proceed to prosecute each and every such offense. 

The penalty imposed upon the person responsible for the 
child for violation of this law is a fine of not less than $2.00 



ORGATs^IZATIOX OF PUBLIC SCHOOLS 21 

nor more than $10.00 for the first offense, and not less than 
$5.00 nor more than $20.00 for each subsequent oifense, to be 
paid into the State treasury to be applied to the district school 
fund of the district from which the fines were received. 

It is the duty of the clerk of the school board to prosecute 
whenever a member of the district board or any taxpayer files 
an affidavit setting forth the facts constituting the offense, and 
neglect of this duty for fifteen days makes him liable to a fine 
of not less than $5.00 nor more than $10.00 for each case of 
neglect ; these fines to be used as above. The clerk is allowed 
$2.00 for every prosecution. Acts 1908, p. 640, Supplement 
1910, p. 84Y. 

In connection with the age limits for compulsory education fixed 
by the above Constitutional provision, note the Child Labor Law, 
Avhich prohibits the employment or working of a child under fourteen 
years of age in any factory, workshop, mine, mercantile establish- 
ment, laundry, bakery, brick or lumber yard, or during school hours 
or after seven o'clock p. m. in the distribution, transmission, or sale of 
merchandise. In cities with a population of 5,000 or more, such child 
may not work as a messenger for a telegraph, telephone, or messenger 
company in the distribution, transmission, or delivery of goods or 
messages. The provisions of the law do not apply to children work- 
ing for their parents in plants owned or operated by them, nor to 
persons employed in factories engaged exclusively in packing fruits 
and vegetables between July 1st and November 1st, nor to mercantile 
establishments in towns of less than 2,000 inhabitants, nor to country 
districts. Upon the petition of the parent or guardian or other 
person interested in such child, the court having jurisdiction may, 
for good cause shown and entered of record, release any child between 
the ages of twelve and fourteen years, or his parent or guardian, 
from the operation of this law. Acts 1914, p. G71, Chap. 339, 
Biennial 1914, p. 324. 

Public Free School Teachers 
Teachers' Certificates — 

^0 school board may employ or pay any teacher from the 
public school funds, who does not hold a certificate in full 
force, issued by the State board of examiners and inspectors 
and approved by the division superintendent of the division 
wherein employed. Code, §§ 1466(2), 1476. 

For detailed information about teachers' certificates see Ap- 
pendix, pp. 236-56. 

Teachers' Contracts — 

Written contracts must be made with all teachers employed, 
in the form prescribed by the superintendent of public in- 



22 VIRGINIA LAWS CONCERNING EDUCATION 

striiction, before they enter upon their duties. Such contracts 
must be signed in duplicate, each party thereto holding a copy. 
Code, § 1478. See Appendix, p. 256. 

Pay of Teachers — 

The pay of a teacher is not governed by the daily average at- 
tendance of pupils, provided it exceeds ten, and where the 
attendance has been so reduced in any one month, but in other 
months of the term has exceeded the number required by law, 
he is entitled to compensation upon the basis of his term aver- 
age, at the per capita rate specified in the contract, within the 
limits of the maximum salary specified therein. Code, §§ 
1480a, 1480b. See Appendix, pp. 256-7. 

Teachers' Meetings — 

Meetings of teachers in any county or school district may be 
encouraged by county and district school boards, and held 
under such regulations as the division superintendent may pre- 
scribe. Code, § 1481. See Appendix, p. 257. 

Teachers' Authority — 

Teachers may permit to enter the public schools such children 
six years of age as, in their judgTaent and that of the division 
superintendent, are sufficiently matured. (See pp. 17, 38), 
Acts 1914, p. 141, Biennial 1914, p. 402. 

Provided the facts are reported by teachers, in writing, to 
parents or guardians and to the district school board, they have 
authority to suspend, for sufficient cause, pupils from attend- 
ance at school until the merits of the cause for suspension can 
be decided by the school board, whose decision must be rendered 
with as little delay as possible. Code, § 1479. 

Teachers must require of pupils cleanliness of person and 
good behavior during their attendance at school and on their 
way to and fro. Code, § 1496. See Appendix, p. 257. 

Teachers' Records — 

Every teacher is required to safely kec]) a daily register of 
facts pertaining to his school, in form prescribed by the siij^er- 
intendent of public instruction, and at close of term, ov pmod 
of service, to deliver it to the clerk of the district school board. 
Code, § 1477. See Appendix, p. 257. 



ORGANIZATION OF PUBLIC SCHOOLS 23 

Retired Teachers' Fund — 

Any person, except a division superintendent, who has taught 
in the public schools of thc^ State, may make application to be 
retired and pensioned upon the terms fixed by Acts 1910, p. 
127, and Acts of 1912, p. 655. Subject- to the terms and con- 
ditions as laid down by said Acts of Assembly, the State Board 
of Education is authorized, and it is its duty, to place any such 
person on the list known as the '^retired teachers' list," and 
pay him a pension as hereinafter provided, subject to the ex- 
ceptions and restrictions mentioned. A careful record of the 
names of the teachers pensioned must be kept by said Board. 

Pensioners are divided into two classes: 

Class A includes those who by reason of physical or mental 
infirmity or old age are incapable of longer rendering efficient 
service as teachers, after having maintained a good record as 
teachers in the public schools of the State for an aggregate of at 
least twenty years. 

Mental and physical disability must be shown by evidence 
satisfactory to the State Board of Health and the State Board 
of Education, to which bodies power is given to order special 
examinations, at a cost to the applicant not exceeding $5.00, 
and afterward, reexamination at any time; and they are re- 
quired to have new examinations made at intervals of not ex- 
ceeding three years, of all persons receiving pensions in this 
class, in order to determine whether they are still incapable of 
rendering efficient service as teachers by reason of mental or 
physical infirmity or old age. If in any case either of said 
boards is of the opinion that the disability has been removed, 
the State Board of Education must, after thirty days, remove 
such pensioner from the list. 

Class B includes every person Avho has maintained a good 
record as teacher in the public schools of the State for an ag~ 
gregate of at least thirty years, and who, if a man, has reached 
the age of 58 years, or if a woman, the age of 50 years. 

Xo person who has not taught at least five sessions since July 
1, 1908, may now be placed on the pension list. 

Removal from Retired Teachers' List. A pensioner may 
have his name removed at any time by his own request, and the 
place is forfeited by any one of the following causes : 

1. By removal of the physical or mental disability 
which gave him place in Class A, as stated above. 



24 VIRGINIA LAWS CONCERNING EDUCATION 

2. By teaching in any of the public schools of the State. 

3. By marriage of a female pensioner, less than fifty 
years of age, who is granted, or has applied for, a pension 
before teaching as long as an aggregate of thirty years. 

Any person who voluntarily resigns, or who is removed from 
the retired teachers' list, is restored thereby to all teachers' 
certificate rights held when pensioned, and if removed is repaid 
any sum, with interest at 6%, which he has paid into the fund, 
less any amounts withdrawn. 

Restoration to Retired Teachers' List. — Any person removed 
or retired as above stated may be restored to either Class A 
or Class B, upon the same terms and conditions as originally 
received. 

Acts 1910, p. 127, Supplement 1910, p. 833, and Acts 1912, 
p. 655, Biennial 1912, p. 363. See pp. 111-116, 182, post. 

Health Regulations in the Public Schools 

Contagious Diseases — 

Persons suffering from contagious diseases, while in that 
condition must be excluded from the public free schools. Code, 
§ 1496. 

The State Board of Health has power to provide for the care, 
segregation and isolation of persons having or suspected of hav- 
ing am^ communicable, contagious or infectious disease. Dis- 
obedience of their rules is punishable as a misdemeanor. Acts 
1910, p. 269, Supplement 1910, p. 905. 

Vaccination. — Every teacher and pupil must within ten days 
after entering school furnish a reputable physician's certificate 
of successful vaccination, or of physical reason for an exception 
to the rule requiring it. ISTothing in this section precludes a 
school board from requiring immediate vaccination in case of 
an epidemic of smallpox, or the annual revaccination of those 
who have not furnished certificates of proper vaccination. 
Code, § 1496. 

The councils and boards of supervisors have authority, at 
their discretion, to cause persons residing within their respec- 
tive divisions to be vaccinated with genuine vaccine matter, and 
to enforce obedience under penalty of fines. Code, § 1733. 



ORGANIZATION OF PUBLIC SCHOOLS 25 

Provisions concerning vaccination may be suspended in 
whole or in part by the school board of any county or city. 
Code, § 1496. 

Public school pupils unable to pay for vaccination must be 
vaccinated with genuine vaccine matter at the expense of the 
city, town, or county, and j^rovision made therefor by the 
council or, supervisors. Code, §§ 1496, 1733. 

Testing Sight and Hearing — 

The superintendent of public instruction is directed to cause 
to be prepared, under the advice and approval of the State 
Board of Plealth, suitable test cards, blanks, record books, and 
other needful appliances to be used in testing the sight and 
hearing of pupils in the public schools, and to obtain neces- 
sary instructions for the use thereof. These are to be furnished 
free of expense to all schools of the State, upon request of the 
school boards, accompanied by statement that the boards by 
resolution have adopted their use and directed it in the schools 
in their charge. 

It thereupon becomes the duty of the principal or teachers 
in all such schools to test the sight and hearing of all pupils 
under their care, and to keep record thereof according to in- 
structions, and whenever pupils are found with defects of eye or 
ear, it is the duty of the teacher to notify parents and guardians 
of such defects, with a brief statement of the facts of the case. 
Copies of all reports must be preserved for use of the superim 
tendent of public instruction. Acts 1908, p. 661, Supplement 
1910, p. 855. 

Prevention of Accidents — 

By Act of March 17, 1914, the superintendent of public in- 
struction was directed forthwith to prepare, publish and dis- 
tribute proper information for the guidance of teachers in in- 
structing pupils in the public schools ^^as to ways and means of 
proper observation, so as to prevent accidents." Acts 1914, p. 
212, Biennial 1914, p. 415. 

See Virginia Health Bulletin No. 8, Vol. VII, issued jointly by 
the Department of Public Instruction and the State Board of 
Health in August, 1915, entitled "First Aid to the Injured and the 
Prevention of Accidents." It was ])repared, published, and dis- 
tributed in compliance with the provisions of the above Act, and 
may be had without cost upon application to either of said depart- 
ments. 



26 VIRGINIA LAWS CONCERNING EDUCATION 

Text Books for Public Free Schools 

The State Board of Education may exercise such discretion 
as it sees fit in the selection of books suitable for the schools in 
the cities and the counties, respectively. Code, § 1433(6). 

Contracts with Text Book Publishers — 

The written contracts made by the State Board of Education 
with the publishers of the text books adopted for use in the 
public free schools of Virginia must provide that the wholesale 
and retail prices named in the contracts are respectively as 
low as those at which the same books are sold anywhere in the 
United States (taking into consideration the cost of distribu- 
tion), and the terms of exchange of books in all respects as 
favorable, and that this State is to have the benefit of any re- 
duction in price, or improvement in terms of exchange, or in 
the editions of books issued, that may be given anywhere else 
in the United States during the terms of the contracts. The 
duty of notifying the superintendent of public instruction of 
such changes lies with the publishers. 

There must further be incorporated into said book contracts 
any other representations, terms or conditions which the State 
Board of Education may deem necessary for the protection of 
the patrons and pupils of the public free schools or to the inter- 
est of the public school system, and the State Board is author- 
ized to enter into any contracts pertaining to the rental of book 
plates, or the distribution of school books which in its opinion 
will improve the system of distribution or lessen the cost of 
books to the patrons of the public schools. 

Every contract must be accompanied by a bond with good 
and sufficient security, conditioned for the faithful performance 
of its terms, and also by an affidavit certifying that the repre- 
sentations made therein are true, that the prices and terms 
named were not made under any combination to control prices 
and sales of text books, and further certifying to such details as 
to the prices for books as the superintendent of public in- 
struction may prescribe. 

Act Extra Session 1915, p. 110, repealing all acts, or parts 
of acts, in conflict therewith. 

Text Book Reports from School Officers and Teachers — 

It is made the duty of all division superintendents, and 
school trustees and teachers to notify the superintendent of 



ORGAXIZATION OF PUBLIC SCHOOLS 27 

public instruction promptly of any departure on the part of 
dealers from the retail prices of books as fixed, and of failure 
to supply promptly all necessary books for use in the schools. 
Act Extra Session 1915, p. 110. 

The State Board of Education is required to place in the 
blank form for term report a column requiring teachers Iq 
show the amount paid for adopted school books for each pupil, 
and, together with superintendent of public instruction, to 
adopt the necessary rules and regulations to obtain this infor- 
mation, and incorporate the totals in their annual report. Acts 
1912, p. 562, Biennial 1912, p. 341. 

Chang-e of Text Books — 

Xo text books adopted for use in any public school in Vir- 
ginia may be changed or substituted until the same have been 
in use for a period of at least four years. Code, § 1433(6). 

Text Books for Indigent Children — 

Children attending the public schools must be supplied with 
necessary text books in cases where parents or guardians are 
prevented by povertv from furnishing them. Const., § 139 ; 
Code, §§ 1466(4), 1538(5). 

See Appendix, p. 259. 

Disturbing School Exercises 

Code. § 3805b, fixes a penalty of not less than $10.00 nor 
more than $50.00, or, at the discretion of the court, confinement 
in jail for not more than thirty days in addition to the fine, 
for willfulh^ interrupting, molesting or disturbing the exercises 
of any free school, or other school, or literary society, or for 
disturbing the same, whether willfully or not, while intoxicated. 
The offense is held to be a misdemeanor. 

School Holidays 
Birthday of Jefferson Davis — 

The General Assembly, by Act of 1899-1900, p. 1374, set 
apart the 3d of June in each year as a day of recreation in the 
public schools, ''as a mark of perpetual respect and remembrance 
of Jefferson Davis, and to commemorate the distinguished serv- 
ices rendered by him as a patriot. Christian, and champion of 
constitutional liberty." 



28 VIRGINIA LAWS CONCEEXIXG EDUCATIOI^ 

Arbor Day — 

The Code, § 222b, provides that the ''governor shall annually 
in the spring designate by official proclamation a day to be 
designated as ^Arbor Day,' to be observed throughout the State 
as a day of planting trees, shrubs, and vines about the houses 
and along the highways and about the public grounds in the 
State, thus contributing to the health, comfort and attractiveness 
of the State." 

See Appendix, pp. 261-2. 



ADMINISTKATIOX OF PUBLIC SCHOOLS 29 



CHAPTER II 

ADMINISTRATION OF THE PUBLIC FEEE SCHOOL 

SYSTEM 



EXECUTIVE OFFICERS 

■•Every person qualified to vote shall be eligible to any office of the 
State, or of any county, city, town, or other subdivision of the State, 
wherein he resides, except as otherwise provided in this Constitution, 
and except that this provision as to residence shall not apply to any 
office elective by the people where the law provides otherwise. Men 
and women eighteen years of age shall be eligible to the office of 
notarv public, and qualified to execute the bonds required of them 
in that capacity." Const., §§ 18, 32; Code, § 62. See 19 Va. Law 
Register, p. 401. 



The public free school system in the counties, towns, and 
cities of Virginia is under the management and control of a 
State Board of Education, a superintendent of public instruc- 
tion, division superintendents of schools, city school boards in 
cities, and county, district and school trustee electoral boards 
in counties. 

Before entering upon the performance of their duties, public 
school officials are required by Section 34 of the Constitution 
to take the following oath of office : 

"I do solemnly swear (or affirm) that I will support the Consti- 
tution of the United States, and the Constitution of the State of 
Virginia ordained by the Convention which assembled in the city of 
Richmond on the twelfth day of June, nineteen hundred and one, 
and that I will faithfully and impartially discharge and perform 

all the duties incumbent upon me as , according 

to the best of my ability; so help me God." 

Unless his disabilities shall have been removed by the Gen- 
eral Assembly, he is required, by § 169 of the Code, to take and 
subscribe, at the same time, the following oath also : 

"I swear that I have not while, a citizen of this State, since the 
tenth day of July, nineteen hundred and two, fought a duel with a 
deadly weapon, or sent or accepted a challenge to fight a duel with 
a deadly weapon, either within or beyond the boundaries of this 
State, or knowingly conveyed such cliallenge, or aided or ^issisted 
in any manner in fighting such duel; and that I will not fight a duel 
with a deadly weapon, or send or accept a challenge to fight a duel 



30 VIKGIN^IA LAWS CONCERXIXG EDUCATION 

with a deadly weapon, either within or beyond the boundaries of 
this State, or knowingly convey such challenge, or aid or assist in 
any manner in figjiting such duel, during my continuance in office; 
so help me God." 

See Code, §§ 168, 169, 175, 1429, 1434, 1437, 1451, 1455, 1457, 
1460, 1538. 



The State Board of Education 

Composition — Qualifications of Members — Election — Terms of Office — 

The State Board of Education is a corporation by that name, 
composed of eight members ; to wit — the governor, attorney 
general, and superintendent of public instruction (who must 
be an experienced educator) ; three experienced educators from 
the State institutions of learning named below, and two divi- 
sion superintendents of schools, one from a county and one 
from a city. Const., § 130, Code, §§ 1428, 1429. 

The governor, attorney general and superintendent of public 
instruction are all elected at the same time, by the qualified 
voters of the State, on Tuesday after the first Monday in every 
fourth ^NTovember, for a term of four years. The term of the 
present incumbents will expire February 1, 1918, and the next 
election to these offices will be held in ^November, 1917. 

The three experienced educators from^ State institutions of 
learning are elected quadrennially by the Senate from a list 
made up of one member from the faculty of each of the follow- 
ing State institutions of learning, nominated by their respective 
boards of visitors or trustees : The University of Virginia, the 
Virginia ]\Iilitary Institute, the Virginia Polytechnic Institute, 
the State Female ITormal School at Farmville, the School for 
Deaf and Blind, and the College of William and Mary. They 
serve, if so long eligible, for a term of four years, from March 
1st following their election. The tenn of the present in- 
cumbents will expire March 1, 1919, unless sooner terminated 
bv removal from the list of eliffibles. 



"to' 



The two division superintendents of schools arc selected by, 
and associated with, the above six members, to serve for a term 
of two years, if they remain so long eligible, but they may not 
participate in the appointment of any public school official. 
The term of the present incumbents will expire the 1st of April, 
1917, if not sooner terminated by removal from the list of 
eligibl?!s. Their successors must be selected within 30 days be- 
fore that date. 



ADMINISTRATIOX OF PUBLIC SCHOOLS 31 

Const, §§ 33, 130, 131; Code, §§ 87, 1429, 1434, 1437. 
See Appendix, p. 224, for names of present members of the 
Board. 

Vacancies in the State Board of Education — 

A vacancy occnrrinp" durinpr the term of anv of the above 
officers, except of the governor or attorney general, is filled for 
the unexpired term by the State Board of Education (Const., 
§ 130, Code, § 1429), but no person may be so appointed as 
division superintendent whose nomination has been previously 
rejected bv the Senate. Code, §§ 1433(1), 1434. See also 
Code, §§ 89, 91. 

Organization — Powers — Duties — 

The general supervision of the public free school system is 
vested by the Constitution in the State Board of Education. 
To that body is given authority to adopt by-laws for its own 
government and to make all needful rules and regulations for 
the management and conduct of the schools, ivhich, ivlien pub- 
lished and distinhuted, have the force and effect of laiv, subject 
to the authority of the General Assemhly to revise, amend, and 
repeal. Const., §§ 130, 132; Code, § 1433(4). 

The superintendent of public instruction is ex officio presi- 
dent of the board. In his absence a president pro tempore is 
elected by the members present. Const. § 131, Code, § 1429. 

Meetings are held upon call of the president, or upon request 
of a majority of members after due notice of the time and 
place of meeting given by him to all members. A majority of 
the members constitutes a quorum. A faithful record of the 
proceedings of the board, duly attested, must be kept, and be 
at all times open for inspection. Code, §§ 1429, 1430, 1431. 

The powers and duties of the State Board of Education, in 
brief, are as follows (see page references to other parts of this 
volume for details) : 

To record the numbers and boundaries of school districts ; 
provide for redistricting a county where the interests of the 
schools require it and grant a county school board relief from 
the Act permitting a county to be divided into sub-districts, 
when in its judgment the operation of that law has proved 
injurious to the interests of education. Code, §§ 1467, 1470, 
pp. 15, 36, 50. 

To regulate the number of pupils required to form a public 
school, guarding against such a multiplication of schools in 



32 VIRGINIA LAWS COXCEEXIXG EDUCATION 

proportion to funds as will impair efficiency ; investigate con- 
ditions and assist local school authorities in the introduction of 
industrial, agricultural, household arts, and commercial educa- 
tion; regulate the location, establishment and conduct of high 
schools, agricultural high schools, normal schools and depart- 
ments and the conditions upon which pupils may be received 
therein ; and provide for the inspection of schools and the ex- 
amination of teachers. Code, §§ 1433(5) (7), 1495, 1498, 
1503; Acts 1906, p. 350, 1908, p. 69, 1910, p. 362, Supple- 
ment 1910, pp. 663, 728, 920; Acts 1912, p. 56, Biennial 1912, 
p. 209, and Acts 1914, p. 144, Biennial 1914, p. 402 ; pp. 9-15. 
See Appendix, pp. 229-38, for State Board regulations for the 
inspection of schools and examination of teachers. 

To determine the extent of general education which must be 
required of students as a basis for the medical course to be 
taken by all applicants for the degree of bachelor or doctor of 
medicine of this State. Acts 1912, p. 525, Chap. 237, Biennial 
1912, p. 331. 

To determine when the usefulness and efficiency of the day 
schools will not be impaired by the admission of persons over 
twenty years of age or by the establishment of night schools, 
and regulate the conditions under which children of one dis- 
trict may attend the schools of another, and the distribution of 
pupils in the public schools. Code, §§ 1492, 1493, 1494, 
pp. 11, 17-19. 

To approve or amend the plans of the superintendent of 
public instruction for the organization and conduct of the 
summer normal schools, and audit and pay the accounts in- 
curred for their expenses. Code, § 1481(4) ; pp. 13-14, 35, 
111-114. 

To have executed the provisions of the law providing for the 
pensioning of public free school teachers. Acts 1910, p. 127, 
Supplement 1910, p. 833, and Acts 1912, p. 655, Biennial 
1912, p. 363; pp. 23, 111-116, 182. 

To select the books for use in public free school libraries, and 
the text books and appliances for use in the public schools of 
the State ; regulate the retail price charged the people therefor, 
and enter into contracts with publishers to furnish the selected 
books. Const, g 139, Code, § 1433(6), Acts 1912, p. 562, 
Biennial 1912, p. 341, and Acts Extra Session 1915, p. 110. 
See also Code, § 1472, and pp. 26, 27, 98. 

To cooperate with the president of V. P. T. in colh'dinating 
the work of the boys' demonstration clubs and the girls' canning 



ADMINISTRATION OF PUBLIC SCHOOLS 33 

clnbs with the work of the county schools of the State. Acts 
1914, p. no, Biennial 1914, p. 497; pp. 70, 80. 

To supervise and control all actions of the board of visitors 
of the Yiro-inia formal and Industrial Institute. Code, 
§ 1613; p. 84. 

To control the public free schools located on the grounds of 
the Prison Association of Laurel, and the grounds of the Negro 
Reformatory Association. Acts 1908, p. 688, and Acts 1910, 
p. 325, Supplement 1910, p. 910; pp. 91, 92. 

To appoint a board of five directors to manage the State 
library. Const., § 132(5) ; Code, § 1433(16) .• 

To prescribe the duties of the superintend(nt of public in- 
struction, determine the necessary contingent expenses of his 
office and his traveling expenses ; pass upon his nominations 
for a first and second clerk and other necessary employees for 
his office and fix their compensation ; the first clerk to serve 
as secretary of the State Board of Education, for which service 
he is alloAved additional compensation. Const., § 131 ; Code, 
§ 1433(2) (3) (14); pp. 34, 35. 

To divide, in its discretion, the State into appropriate school 
divisions ; provided no division comprise less than one county 
or one city, and no city or county be divided, except where 
geographical conditions make an exception necessary ; and pro- 
vided further that the divisions be so made as to insure to each 
division superintendent a salary of at least $900.00 per annum, 
except as set forth on p. 192, post. Const., § 132(1) ; Code, 
§ 1433(1).^ 

To appoint, subject to confirmation by the Senate, a super- 
intendent of schools for each of said divisions, prescribe their 
duties, regulate their conduct, punish them by reasonable fines, 
or suspension from office and pay for a limited period, for 
neglect of duty and for any official misconduct, and remove 
them for cause and upon notice. Const., § 132 ; Code, § 1433 
(1) ; pp. 35-39. 

To prescribe such additional duties as in its judgment may 
be wise for city school boards. Code, § 1538(15) ; p. 45. 

To order, whenever deemed proper, the sense of the voters to 
be taken in counties or districts on all matters which may be 
properly referred under the provisions of the school law. Code, 
§§ 101, 115, 1433(10) ; p. 62. 

To manage, control, and invest the literary fund, making 
loans therefrom, in its discretion, to district school boards to aid 
in the erection of suitable school houses; administer the public 



34 VIRGINIA LAWS CONCERNING EDUCATION 

free school funds, including the retired teachers' fund and the 
public free school library fund ; distribute the special State 
appropriations placed in its charge, in accordance with the 
Acts of Assembly providing therefor, and supervise the ap- 
portionment by the superintendent of public instruction of 
money appropriated by the State for the public schools. Code, 
§ 1433(11) (12) (13); Acts 1908, p. 106, Supplement 1910, 
p. 685; Acts 1914, p. 715, Biennial 1914, p. 312; Acts 1910, 
p. 127, Supplement 1910, p. 833; Acts 1912, p. 655, Biennial, 
1912, p. 363, and Acts 1914, p. 138, Biennial 1914, p. 326; 
pp. 35, 109-116, 130, 172, 181, 183. 

To cause a careful examination and a full settlement to be 
made annually of the accounts of the treasurer of the V. M. I. 
Code, § 1571 ; p. 78. 

To pay over to the board of visitors of V. P. I. and the 
treasurer of Hampton Normal and Agricultural Institute all 
funds received for their respective use and benefit. Code, § 
1605; pp. 118-120, 124-125, 185(2). 

To observe the operation of the public free school system; 
regulate all matters that may arise in its practical administra- 
tion for which no provision has been made by law, and make 
report to the General Assembly at each regular session, of 
operations for the two school years immediately preceding, 
covering the annual report of the superintendent of public in- 
struction, and suggesting any improvements deemed advisable. 
Code, § 1433(17) (18) ; p. 35; Appendix, p. 263. 

To perform such other duties as may be prescribed by law. 
Code, § 1433 (19). 

Superintendent of Public Instruction 
Qualifications — Powers — Duties — 

The Superintendent of public instruction is, ex officio, presi- 
dent of the State Board of Education and is required by law 
to serve as a member of the boards of visitors or trustees of all 
the institutions of learning receiving State aid, except the 
Medical College of Virginia and Hampton l^ormal and Agri- 
cultural Institute. Const., § 131; Code, §§ 1429, 1436, 1564, 
1591, 1613, 1653; Acts 1906, pp. 94, 539, Supplement 1910, 
pp. 573, 692, and Acts 1914, p. 567, Biennial 1914, ]). 461. 

It is his duty to nominate for approval by the State Board 
of Education a first and second clerk, and such other employees 
for his office as may be necessary ; the first clerk to serve also 



ADMINISTRATION OF PUBLIC SCHOOLS 35 

as secretary to the Board, with reasonable compensation fixed 
by it. Code, § 1433(3). 

To pass upon loans from the literary fund to district school 
boards, and the plans and specifications, and locations, of the 
school buildings in aid of which the loans are asked. Acts 
1908, p. 106, Supplement 1910, p. 685, and Acts 1914, p. 715, 
Biennial 1914, p. 312. 

To sign warrants of the State Board of Education. Code, § 
1433(14); p. 34. 

To prepare the scheme of apportionment of State school 
funds. Code, §§ 1433(13), 1507, 1512. 

To prepare blank forms for school registers, teachers' con- 
tracts, reports of school officers and county and city treasurers, 
the school census, and all other statistical work required in 
connection with the public school system of the State ; provide 
cards and instructions for testing the sight and hearing of the 
public school children, and prepare, publish, and distribute in- 
structions for the prevention of accidents. Code, §§ 1462, 
1477, 1478; Acts 1912, p. 562, Biennial 1912, p. 341; Acts 
1908, p. 661, Supplement 1910, p. 855, and Acts 1914, p. 212, 
Biennial 1914, p. 415 ; pp. 21, 22, 25. 

To select the places and fix the time for holding the summer 
normal schools ; select the instructors, determine the instruction 
to be given and the methods of teaching, and generally supervise 
conduct of said school under the general management of the 
State Board of Education. Code, § 1481(4) (5). 

To make annual report to the State Board of Education of 
the condition of the public school system, with recommenda- 
tions for its further maintenance and development. Code, 
§ 1433(18). See Appendix, p. 264. 

His other duties, prescribed, as provided by law, by the State 
Board of Education, are such as pertain to the office of chief 
executive of the public free school system of the State in the 
proper administration of business under the school laws and 
regulations and in the promotion of an appreciation and de- 
sire for education among the people. Const., 131 ; Code, §§ 
1434, 1436. See Appendix, pp. 227-8. 

Division Superintendents of Schools 
Qualifications — Election — Term of Office — 

Division Superintendents of Schools are elected by the State 
Board of Education within sixty days before the 1st day of 



36 VIRGINIA LAWS CONCERNING EDUCATION 

July in every fourth year, to serve for a term of four years ; the 
two division superintendents who are members of the State 
Board of Education not participating in the appointments ; but 
all such elections are subject to confirmation by the Senate. 

~No federal officer, except a fourth-class postmaster, no super- 
visor or other county or State officer, except a notary public, and 
no deputy of such officers, may be chosen, or allowed to act, 
as division superintendent of schools. No mayor, member of 
council, or treasurer of a city, town or county is eligible to the 
office of division superintendent of schools of ^such city, town 
or county, except that this provision does not apply to towns of 
less than one thousand inhabitants. 

The office of any superintendent is vacated by the refusal of 
the Senate to confirm his election, by his removal from the 
division for which appointed, or his engagement in any other 
business or employment without consent of the State Board, or 
by his resignation, or his removal by the State Board ; except 
that in cities he may be permitted to teach. See Appendix, 
p. 259. 

The term of the present incumbents will expire on the first 
of July, 1917. See Appendix, pp. 224-6, for list of their names, 
divisions, and post-office addresses. 

Const., § 132; Code, §§ 1429, 1433, 1437, 1527, 1534. 

There is but one superintendent of schools for a city declared 
to be of the second class and the county in which it is located. 
Acts 1908, p. 3, Supplement 1910, p. 718. 

Division Superintendents of Schools — Qualifications — Powers — Duties — 

Division superintendents of schools, acting under the super- 
intendent of public instruction, are the executive officers and 
supervisors of the schools in their respective divisions, with 
powers and duties fixed by the State Board of Education. 

During his term of office, a division superintendent must 
reside in the division for which appointed, and he may not en- 
gage in any other employment or business, unless under special 
exception made by the State Board of Education; except that 
in cities he may, at the request of the city school board, teach 
in the public schools. Otherwise, he must devote himself 
exclusively to the discharge of his duties as division superin- 
tendent or his office is vacated. Const., § 132; Code, §§ 
1433(1), 1437, 1439, 1451, 1534. 

Division superintendents are required to number or name the 
school districts in each county and see that the name or number 
and boundaries are recorded in the office of the clerk of the 



ADMINISTRATION OF PUBLIC SCHOOLS 37 

circuit court and reported to the superintendent of public in- 
struction, to be filed in his ofSce. Code, § 1467. 

'No school house may be contracted for or erected until the 
plans therefor have been submitted to and approved in writing 
by the division superintendent, who must report his action in 
each case to the State Board of Education, and, before a special 
election can be ordered to pass upon the question of issuing 
bonds for the erection of school houses, the plans, specifications, 
and estimated cost of such buildings must be approved by the 
division superintendent, as well as by the superintendent of 
public instruction. 

A division superintendent may have no personal interest, di- 
rectly or indirectly, in school contracts. 

Code, §§ 1472,^1489, 1538(10) ; Acts 1910, p. 279, Supple- 
ment 1910, p. 687. 

The further powers and duties of division superintendents 
in their respective divisions are as follows : 

To condemn school houses unfit for occupancy, giving notice 
thereof in writing to the (Jistrict school board, and see that no 
school is held in an unfit building. Code, .§§ 1489, 1538(10). 

To serve as a member, and as clerk, of the county school 
trustee electoral board and as president of the county school 
board. Code, §§ 1442, 1443, 1450. See pp. 47, 51, and Kirk- 
land case cited pp. 46, 47. 

To certify to the electoral board the desire of the school 
board to submit the question of compulsory education to the 
qualifi( d voters of the district, whenever such desire is properly 
expressed by a recorded vote of the school board. Acts 1908, p. 
640, Supplement 1910, p. 847. 

To hear complaint of, and grant appeals from, rulings of dis- 
trict school boards. Code, § 1487. 

To annually submit to the county school board the estimates 
of the district boards of school funds needed, and to the board 
of supervisors the estimates of the county board of funds needed 
for the public schools of the county and in the several districts. 
Code, §§ 1447, 1506. 

To pass upon appointment of deputies to take the school 
census, made by clerks of district boards, and cause a census 
to be taken of school children in territory affected by changed 
boundary lines, showing what children have been transferred, 
and amending the last census accordingly, as a new basis for 
the apportionment of the school funds. Code, § 1463a. 



38 VIRGINIxV LAWS CONCERNING EDUCATION 

To consolidate and transmit to the superintendent of schools 
for the deaf and blind the reports received from the districts 
of the quintennial census of deaf and blind children. Code, 
§ 14G3. 

To give notice to the State Board of Education of the es- 
tablishment of each high school in the division. Acts 1906, 
p. 350, Supplement 1910, p. 663. 

To nominate State students to William and Mary College, 
the State l^ormal Schools for Women, at Harrisonburg, Fred- 
ericksburg and Radford, and to the Virginia formal and In- 
dustrial Institute. Acts 1906, p. 95, Supplement 1910, p. 573 ; 
Acts 1908, p. 428, and Acts 1910, p. 176; Code, § 1613. 

To determine the cost of education to be charged for pupils 
attending public schools outside their districts of residence. 
(See p. 18.) Code, § 1492. 

To admit to the public schools children six years of age who 
are sufficiently matured. (See pp. 17, 22.) Acts 1914, p. 141, 
Biennial 1914, p. 402. 

To make application for State aid for public free school 
libraries when the conditions have been complied with. (See 
p. 98.) Acts 1914, p. 138, Biennial 1914, p. 326. 

To pass upon teachers' certificates, where necessary, and 
make regulations concerning county institutes and teachers' 
meetings arranged by county and district school boards. Code, 
§§ 1476, 1481. 

To furnish, on or before the 1st day of July in each year, to 
the clerk of the State Corporation Commission, and to each 
railway and canal corporation, express company, refrigerator, 
oil, stock, fruit and other car loaning and car company operating 
upon the railroads — except dining, drawing room, sleeping and 
palace car companies — every corporation operating steamboats, 
steamships or other floating property for the transportation of 
passengers or freight, and every incorporated telegraph and 
telephone company, located, operating or owning property in 
the school division, the boundaries of every school district 
wherein the property of such companies may be respectively 
situated. Failure to comply with this requirement is a misde- 
meanor, punishable upon conviction with fine of from $25.00 
to $100.00. Acts Extra Session 1915, p. 197, etc. 

To notify the school board of any failure of treasurer to pay 
warrants properly payable from funds in treasurers' hands. 
Code, § 1506a. 



ADMINISTRATION OF PUBLIC SCHOOLS 39 

To examine the books and papers of any clerk of a district 
board or county treasurer who fails to lay his records before 
the county school board at the annual meeting in August. (See 
pp. 58, 179) and make special report thereon in connection with 
the annual report required of every division superintendent. 
Code, § 1485. 

To see that immediately after the annual settlement with the 
county treasurer and clerks of district boards in August, a 
statement of the receipts and disbursements of school funds in 
each school district is published in some newspaper of the 
county and posted at the front door of the court house and at 
the voting place of the clerk of each district school board of the 
county. Acts 1908, p. 555, Supplement 1910, p. 643. 

To make annual report to the superintendent of public in- 
struction. Code, §§ 1446, 1510. 

Division superintendents have authority to administer the 
oath of office to school trustees. Code, § 1460. 
See Appendix, p. 227-8. 

School Boards 

Qualifications of Members — Election — Term of Office — 

Members of school boards must be residents of the district 
for which appointed, and removal therefrom vacates the office. 
Code, §§ 1460, 1538. 

jSTo person unable to read and write may be appointed school 
trustee. Code, § 1454. 

City School Boards are corporate bodies, under the name and 

style of 'The School Board of the City of ," 

composed of three trustees resident in each ward, each ward 
being a school district, and every city not divided into wards 
constituting a single school district. Members of city school 
boards are appointed by the city councfTfor terms of three years, 
beginning the first of September following election, one an- 
nually from each Avard, the election taking place within thirty 
days before the expiration of term of predecessor. Vacancies 
for unexpired terms are filled by the city council. 

Xo federal, State or city officer may during his term of office 
be chosen, or allowed to act, as city school trustee, except a 
notaiy public, a commissioner in chancery, or bankruptcy, or a 
member of the board of health. Const., § 133 ; Code, §§ 1458, 
1522, 1524, 1525, 1528, 1538. 



40 VIRGINIA LAWS CONCERNING EDUCATION 

A city declared to be of the second class constitutes one 
separate school district in the county in which located, and con- 
tinues to elect all district officers for such magisterial or school 
district ; and its school trustees and other school officers, whether 
elected or appointed, bear the same relation to the county 
schools as existed before the municipality was declared to be a 
city. Acts 1908, p. 3, Supplement 1910, p. 718. 

A town of more than five hundred inhabitants may, at the 
discretion of its council, be constituted a single school district, 
with power in the council to appoint three school trustees, ex- 
ce])t that when such a school district includes territory outside 
the corporate limits of the town, the trustees must be appointed 
by the school trustee electoral board. Code, § 1469. 

School Boards for Counties. — District, county, and school 
trustee electoral boards administer local county school affairs. 

District School Boards in Counties are corporate bodies, 

under the name and style of the "School Board of 

District, number , of the County of ," in 

charge of the administration of school affairs in the several 
magisterial districts. Each district board is composed of 
three trustees appointed for terms of three years, by the school 
trustee electoral board of the county ; the term of one trustee 
expiring on the first of September in each year. Elections 
must be held within thirty days before that date. Vacancies 
for unexpired terms are filled by the said electoral board. 

Xo federal. State or county officer, no deputy of such officer, 
and no supervisor, may, during his term of office, be chosen or 
allowed to act as district school trustee in a county, except a 
fourth-class postmaster, county superintendent of the poor, 
commissioner in chancery, commissioner of accounts, or notary 
public. Const., § 133; Code, §§ 1453, 1454, 1455, 1459, 
1461. See also § 1469. 

In the case of Commonwealth v. Barrett, decided in August, 1908, 
in the Corporation Court of Newport News, and not appealed, re- 
ported in 14 Va. Law Register, 271, it was held that a public 
officer who acts for the State at large comes within the definition of 
"State officer" as used in § 1538 (and 1459) of tiie Code; that a 
member of the House of Delegates is a "State officer" within the 
meaning of the statute; that the office of district school trustee is 
incompatible with that of a State officer, and the acceptance of such 
office by a district school trustee vacates tlie office of scliool trustee; 
and that where the Constitution has prescribed the qualifications of 
an officer, the legislature can neither add to nor substract from them. 



ADMINISTRATION OF PUBLIC SCHOOLS 41 

County School Boards are corporate bodies made up of the 
division superintendent of schools and the trustees who com- 
pose the several district school boards in the magisterial dis- 
tricts of the county, under the style of the ^'Countj^ School 

Board of County." Of this body the division 

superintendent is ex officio president, and it elects its own vice- 
president from among its members. Code, § 1441. 

In the case of Kirkland v. School Board of Petersburg, decided in 
the Hustings Court of that city, and not appealed, reported in 11 
Va. Law Register, 1016, it was held that the division superintendent 
is a constituent part, and ex officio president of the county school 
board. 

School Trustee Electoral Boards in the several counties are 
composed of the division superintendent of schools, the attorney 
for the Commonwealth, and a resident qualified voter (who 
may not be a county or State officer), appointed by the judge 
of the circuit court, on, or within thirty days after, February 
1st, of every fourth year, to serve for four years. A vacancy 
for an unexpired term is filled by the judge of the circuit court. 

The term of the present incumbents of this office will expire 
on the 1st of March, 1916. Code, § 1450. 

School Boards — Organization — Powers— Duties — 

County, district, and city school boards' may in their corporate 
capacity sue and be sued, contract and be contracted with, and 
purchase, take hold, lease and convey school property, both real 
and personal ; and they have authority, by proper court pro- 
ceedings, to sell or exchange public school property. Code, 
§§ 1447, 1466a, 1468, 1482, 1525. See pp. 39, 40, 41. 

They also have authority, under rules and regulations pre- 
scribed by the State Board of Education, to establish and 
maintain high schools, or provide for high school work in any 
public school, if the instruction in the intermediate branches is 
not thereby interfered with, and for such high school instruction 
they have authority to require fees to be paid ; and they have the 
further authority to make appropriations to non-sectarian schools 
of manual, industrial, or technical training, or to any school or 
institution of learning owned or exclusively controlled by them, 
or their county, city, town, or district, or to provide for the 
introduction of manual or industrial training, and other special 
branches in any public school. Const., § 141 ; Code, §§ 
1466(15), 1498*^; Acts 1906, p. 350, Supplement 1910, p. ^Q3. 



42 VIRGINIA LAWS CONCERNING EDUCATION 

Distinct School Boards. — District school boards in cities and 
toAvns, and district school boards in counties, constituted as 
hereinbefore set forth (pp. 39, 40), except as provided by 
§ 1538 of the Code, have in their respective districts like powers 
and duties, as follows : 

To provide suitable school houses and equip them with 
proper furniture and appliances. To this end, district school 
boards have authority to purchase, lease, or erect buildings, to 
condemn land for school purposes when the public interest de- 
mands, and, under order of court, to sell or exchange public 
school property ; but the location and plans for school buildings 
are at all times subject to approval by the division superin- 
tendent, and the furniture and appliances must be of a char- 
acter selected by the State Board of Education for use in the 
public schools of the State. Code, §§ 1466(9), 1466a, 1538. 
See also Commonwealth vs. School Board, 109 Va., 346, cited 
on pp. 32, 153, 155, 156, 158. 

To care for, manage and control the school property of the 
district. Code, §§ 1466(9), 1538(10). 

To grant to reputable residents of the district the use of 
school houses, when the schools are not in session, for any lawful 
assemblages of educational, agricultural, civic or social bodies, 
organizations or gatherings. (See p. 159.) Acts 1914, p. 255, 
Biennial 1914, p'. 422. 

To hold regular meetings at the periods fixed by law and 
by the State Board of Education, and special meetings when 
called by the chairman or two members, and to call meetings 
of the people of the district for consultation in regard to the 
school interests thereof. Code, §§ 1466(6 & 7), 1538(8 & 9). 

To establish all-day, part-time, or continuation or evening 
classes, giving industrial, agricultural, household arts or com- 
mercial education, and provide for their support in the same 
manner as for the regular schools of the district ; such educa- 
tion to be of less than college grade and designed to meet the 
vocational needs of persons over fourteen years of age who are 
able to profit by the instruction offered. Acts 1914, p. 144, 
Biennial 1914, p. 402. 

To establish and conduct night schools in districts where day 
schools are conducted for eight or more months each year, by 
and with the consent of, and under rules and regulations pre- 
scribed by the State Board of Education. Code, § 1494. 



ADMINISTRATION OF PUBLIC SCHOOLS 43 

To determine, under rules prescribed by the State Board of 
Education, when the admission of pupils more than twenty 
years of age, and the establishment of night schools, will not 
impair the efficiency of the schools. Code, § 1494. 

To explain, enforce and observe the school laws and make 
rules for the government of the schools. Code, §§ 1466(1), 
1538(1). 

To fix the terms upon which the pupils of one district may 
attend the schools of another district. Code, §§ 1492, 1493. 
See p. 18, ante. 

To make rules for the government of the schools and the 
regulation of the conduct of pupils going to and from school 
and to suspend or expel pupils when the prosperity and efficiency 
of the schools make it necessary. Code, §§ 1466(1) (3), 1538. 

In the Kirkland case, cited on- p. 41, ante, it was held that 
under § 1538, the school boards of cities have power to expel pupils 
and there is no right of appeal to the division superintendent in 
regard thereto, and as the school boards of cities are subject to no 
other authority than the State Board of Education and the super- 
intendent of public instruction, mandamus will lie from the cor- 
poration courts of cities to the school boards to compel them to 
re-instate pupils wrongfully denied the privilege of attending the 
public free schools. 

To visit the schools from time to time and see that they are 
conducted according to law and with the utmost efficiency. 
Code, §§ 1466(10), 1538. 

To decide what children are entitled to free text books, and 
provide for them and for any other expense attending the ad- 
ministration of the public free school system under their con- 
trol. Code, §§ 1466(4), 1538(5). 

To see that a census is taken by the clerk of the board, in 
person or by deputies approved by the division superintendent, 
at the proper time and in the proper manner, every Rve years, 
during April and May, of all persons between seven and 
twenty years of age residing in the district, and that a separate 
census is taken of the deaf and blind, and statistics gathered 
relating to the interests of education in the district, and care- 
fully supervise the lists submitted by the takers of the census. 
Code, §§ 1462, 1463, 1466(5). 

In districts where the compulsory education law has been 
adopted, it is the duty of the district school board twice every 
year, in February and September, to ascertain the condition 
of all children between eight and tw(^lve years of age who are 



44 VIRGINIA LAWS CONCERNING EDUCATION 

not in attendance upon the public schools, and report to the 
clerk of the board all violations of the compulsory education 
law, excusing from attendance at school all who in the judg- 
ment of the board should be exempt from the requirements of 
the law. Acts 1908, p. 640, Supplement 1910, p. 847 ; p. 19. 
To employ teachers holding the certificates required by the 
State Board of Education (Code, § 1476) ; provide for their 
pay, and dismiss them when unworthy the position. j^o 
brother, sister, wife, son, or daughter of any member of the 
school board may be employed as teacher or paid from the 
public funds. Any trustee violating any of these provisions is 
personally liable to refund the public moneys paid in violation 
thereof. "Code, §§ 1466(2), 1538(3). See Appendix, p. 259. 

The action of district school boards in counties in employing and 
dismissing teachers is subject to review by the school trustee 
electoral board sitting as a board of appeal under § 1455. 

To encourage meetings of teachers. Code, § 1481 ; p. 22. 

To appropriate $15.00 each for as many as five public free 
school libraries in one year. Acts 1914, p. 138, Biennial 1914, 
p. 326. 

To provide for the pay of teachers and of the clerk of the 
school board, for the cost of providing school houses, and the 
appurtenances thereto, and the repairs thereof ; for school furni- 
ture and appliances, for necessary text books for indigent 
children, and for any other expenses attending the administra- 
tion of the public free school system, so far as the same is under 
the control or at the charge of the school officers; Code, §§ 
1466(11), 1538(10). 

To examine all claims against the school board, and, when 
approved, record such approval in the proceedings of the board, 
and pay the same by a warrant on the treasurer, signed by the 
chairman of the board and countersigned by the clerk, and 
made payable to the person entitled to receive the money, stat- 
ing on the face of the warrant the puipose for which it is paid, 
and that it is drawn in pursuance of an order entered by the 
school board on the date stated. Code, §§ 1466(12), 1538(13). 

To borrow money from the literary fund for the purpose of 
erecting school houses, when the needs of a district justify, exe- 
cuting proper evidences of the debt so incurred, and request the 
board of snpervisors to cause a district tax to be levied sufficient 



ADMINISTRATION OF PUBLIC SCHOOLS 45 

to meet the obligation. Acts 1908, p. 106, Supplement 1910, 
p. 685 ; Acts 1914, p. 715, Biennial 1914, p. 312. 

To request a special election by the registered voters of the 
district upon the question of an issue of bonds for the purpose 
of erecting and furnishing additional school houses, when in 
their judgment the educational needs of the district render a 
bond issue expedient, and if the bond issue is made, it is the 
duty of the school board to report annually to the board of 
supervisors of the county the amount of debt outstanding and 
the amount and condition of the sinking fund which must be 
created to provide for the payment of the principal of said 
bonds as they mature. Acts 1910, p. 279, Supplement 1910, 
p. 687. 

To report on any matter when required by the division 
superintendent of schools, and, on or before the first day of 
August in each year, to make report for the school year closing 
on the oOth day of June preceding on all subjects embraced in 
the blank forms supplied by the superintendent of public in- 
struction ; and, in addition, make annual settlement before the 
commissioner of accounts of all transactions in connection with 
any propcrtv given, devised or bequeathed to the district. Code, 
§§' 1466(14),' 1484. 

To perform such other duties as may be prescribed by law, 
and by the State Board of Education. Code, §§ 1466(13), 
1538(15). See Appendix, pp. 228-30, 258-9. 

For powers and duties in connection with sub-districts, see 
p. 50. 

The separate powers and duties of district school boards in 
cities and counties are as follows : 

Cities — Counties — 

City school boards have power, See p. 15 for provisions relat- 
subject to approval by the city inof to school districts in counties, 
council, to prescribe the number and Const., §§ 133, 141; Code, § 1469. 
boundaries of school districts. (See 
p. 16) Code, § 1524. 

Each city school board is a cor- Fach district school board of a 

porate body, and the trustees from county is a corporate body, and any 

the several wards (districts) of a two of the three members con- 

eity have no organization or duties stitute a quorum. One of their 

except such as may be assigned to number must be elected chairman 

them by the whole body. and another clerk. Code, §§ 1461, 

A majoritv constitutes a quorum. 1482. 
Code, §§ 1525, 1526. 



46 



VIRGINIA LAWS . CONCEENING EDUCATION 



Cities — 



Counties — 



In the Kirkland case it was 
held that under the provisions 
for administering the public 
free school system in cities, 
there is but one corporation en- 
trusted with this duty, and 
that is the school board of the 
city, composed of all the school 
trustees. 11 Va. Law Register, 
1016. 

City school boards are required 
to establish and maintain in the 
city a general system of public free 
schools in accordance with the re- 
quirements of the constitution and 
the general educational policy of 
the Commonwealth ; establishing 
such schools as in their judgment 
may be necessary to the complete- 
ness and efficiency of the school 
system, determining the studies to 
be pursued, the methods of teaching, 
the government to be employed, and 
the length of the school term; and 
to make by-laws and regulations for 
their own government and meetings, 
not in conflict with the provisions 
of the law. Code, §§ 1522, 1526, 
1538. 

The official care and authority of 
city school boards cover all terri- 
tory in the corporate limits of a 
city or town constituting a separate 
school district, and all school prop- 
erty without the corporate limits 
and contiguous thereto, when the 
title is vested in the school board or 
in the city. Code, § 1526. 



In the Kirkland case, the dis- 
trict school board of trustees 
of a county is held to be a 
separate and distinct corpora- 
tion (Code, § 1482) from 
that of the county board. The 
division superintendent is a 
constituent part and ex officio 
president of the county school 
board, but while he assists in 
the organization of boards of 
district school trustees, and 
may participate in the discus- 
sion of questions therein, he is 
not a member. These boards 
are subordinate to the superin- 
tendent, and, when required by 
him, it is their duty to report 
to him on any matter. 11 Va. 
Law Reg., 1016. (See pp. 
41, 43.) 



A city school board may, in its 
discretion, employ and fix the 
salary of a clerk of the board, who 
may or may not be a member there- 
of, but who may not be the mayor, 
•a member of tlie council, treasurer, 
or other officer of the city. These 
restrictions do n't apply to towns 
of less than 1.000 inhabitants. 

His duties are the same as those 
prescribed for a district school 



The school boards of two adjacent 
districts, in the same or adjoining 
counties, have power, upon consent 
given by the State Board of Educa- 
tion, to establish a joint school for 
the use of both districts, and for 
that purpose they have the power to 
purchase, take, hold, lease, and con- 
vey, both real and personal prop- 
erty, in either district, the title 
thereto vesting jointly in the two 
boards, who jointly manage and 
control the school so established and 
located. Acts 1914, p. 278, Biennial 
ini4, p. 426. 

Each district school board must 
elect one of its number clerk of the 
board, and provide for his pay, 
fixed as provided by law at not ex- 
ceeding $3.00 for each teacher. He 
is required to keep in bound 
volumes a record of the prDceedinQfs 
of the board and of his own official 
acts, and a cash account, and to file 
all official papers; all of which 
are open to inspection by the divi- 



ADMINISTRATIOTs" OF PUBLIC SCHOOLS 47 

Cities — * Counties — 

board clerk of a county. See sion superintendent and every citi- 

parallel column. Code, §§ 1526, zen of the district, and to exara- 

1527, 1538(12). ination by the State Board of Edu- 

It is the duty of clerks of school cation, or its representatives; and 

boards, both in cities and counties, to discharge such other duties in 

to take the school census required connection with the school business 

by law. (See p. 17; Code, §§ 1462, of the district as may be required 

1463), and in districts where the of him. 

compulsory education law has been He may not be the county treaa- 

adopted, to prosecute all offenses urer or any other county officer, 

thereunder. Acts 1908, p. 640, Code, §§ 1461, 1464, 1465, 1527. 
Supplement 1910, p. 847. See p. 
21, post. 

A city school board may suspend The district school boards in 
the operation of the law making counties are required to prepare 
vaccination compulsory. Code, § and return to the president of the 
1496. (See p. 24.) county school board (who is the 

It is the duty of a city school division superintendent) on or be- 
board to manage and control the fore the 15th of March in each 
school funds of the city, and to sub- year, to be laid before the county 
mit at least once a year to the school board at its earliest meet- 
council, in writing, a classified esti- ing, an estimate of the amount of 
mate of w^hat funds will be needed money which will be needed in 
for the proper growth and mainte- their respective districts during the 
nance of the public schools of the next school year, for providing 
city, and request the council to school houses, text books for indi- 
make provision, by appropriation or gent children, school appliances and 
levy, for the same. Code, § 1538 other necessary expenses. Code, 
(12 and 14). § 1466(8). 

City school boards (and county District school boards may bor- 
school boards, pp. 49, 68) have the row from funds derived by county 
power and duty of selecting the school boards by gift or devise, for 
State students at V. P. I. Code, use in building such school houses 
§ 1587. as in their sound judgment are 

necessary, in sums not exceeding 
$1,000 for any one building, exe- 
cuting their obligations to the 
county board therefor. Acts 1908, 
p. 335, Supplement 1910, p. 788. 

Suh-Disirid School Boards. — See under powers and duties 
of county school boards, p. 50. 

County School Boards.- — ^The division superintendent is, 
ex officio, president of the county school board, and it is the 
duty of the board at its first meeting, and on the occurrence of a 
vacancy thereafter, to elect one of its members vice-president ; 
and, in its discretion, it mav appoint a clerk. Code, §§ 1442, 
1444; p. 37. 

The county school board is a separate and distinct corporation 
from that of the district school board of trustees of a county. 
Kirkland case, 11 Va. Law Register, 1016. 



48 VIRGINIA LAWS CONCERNING EDUCATION 

The county school board is required to make by-laws and regu- 
lations for its own government and for carrying out the duties 
imposed upon it by law, and to record them, and the proceedings 
of all its meetings, in a bound volume. The powers and duties 
imposed by law are as follows: 

To hold a regular annual meeting between the 1st and loth 
of August, the exact date to be fixed by the board ; or, in default 
thereof, by the president of the board, whose duty it is to call 
meetings whenever in his judgment they are needed, and also 
when requested to do so by any two chairmen of the district 
boards of the county. Code, §§ 1443, 1445. 

To invest and manage property, and receive and apply funds, 
set apart for the education of the poor, and for general educa- 
tional purposes, in connection with the public free school system, 
in obedience to the will of the donor, or in accordance with the 
needs of the schools. Code, §§ 1447(4), 1449, 1483; i)p. 145- 
149, 157-8. 

To lend to district school boards for building school houses, 
from any special funds under the control of the county school 
board, sums not in excess of $1,000.00 for any one building. 
Acts 1908, p. 335, Supplement 1910, p. 788. 

To prepare and file with the division superintendent, on or 
before the 1st day of April in each year, an estimate, to be sub- 
mitted by him to the board of supervisors, of the amount of 
money which will be needed during the next scholastic ^Tar for 
the support of the public free school system of the county, 
giving separate estimates for each district, based upon the esti- 
mates submitted by the district boards, which it is the duty 6f 
the county board to carefully revise. Code, §§ 1447(2), 
1466(8);' pp. 37, 169, ante. 

If in its judgment the levy for school purposes is insufficient 
it is the duty of the county school board to make petition in writ- 
ing to the board of supervisors praying for a reference of the 
question of an increased levy to the qualified voters of the 
county, or of a district, as the case may be. Code, § 1506. 

To apportion the county school funds among the several dis- 
tricts of the county, according to its judgment, having due re- 
gard to maintaining, as far as practicable, a uniform tenn 
throughout all of the districts; provided that such primary and 
grammar schools as may be established in any school year shall 
be maintained at least four months of that school year before 
any part of the fund assessed and collected may be devoted 
to the establishment of schools of a higher grade. Code, 



ADMINISTRATION OF PUBLIC SCHOOLS 49 

§ 1447(3). See also Acts 1910, p. 208, Supplement 1910 and 
p. 882, and p. 174, for basis of apportionment when a district 
is situated in more than one county. 

To examine and compare reports and warrants of the 
treasurer and clerlfs of district school boards required by law to 
be laid before the county school board at its annual meeting 
in August, and cause all paid warrants to be properly cancelled. 
Code,"§§ 1484, 1485, 1510; pp. 45, 58, 179. 

To take such steps and institute such legal proceeding as may 
be necessary and proper to secure a complete settlement of the 
accounts of the treasurer or any district board of trustees, or any 
officer or member thereof, guilty or suspected, of any delin- 
quency or irregularity in connection with the receipt or dis- 
bursement of any funds intended for public free school pur- 
poses, and to compel the payment of any balances that may be 
due, invoking, where necessar)^, the aid of the Commonwealth's 
attorney, whose duty it is to represent the county school board 
in such cases. Code, §§ 1484, 1485 ; p. 179. 

To change the depositary of the public school funds if at any 
time the treasurer fails to pay a warrant properly payable from 
funds in his hands and further fails to furnish within thirty 
days after being called upon therefor by the division superin- 
tendent a statement under oath of all moneys in his hands or 
collected by him, for school purposes, and of the amount dis- 
bursed. Code, § 1506a. 

To examine into the manner in w^hich trust funds held for 
public school purposes are being administered, requiring trustees 
of such funds to make full report to the board whenever called 
upon and to institute prompt proceedings before the civil courts 
to correct any irregularities discovered and secure a full and 
proper administration of such trusts. Code, §§ 1447, 1486. 

The provisions of § 1447 do not apply to any rights or interests 
arising under tlie 25th clause of the will of Samuel Miller, dec'd, 
or to any funds now held by the Charlottesville district school board 
of Albemarle County. 

To employ counsel and provide for reasonable attorney's 
fees, subject to approval by the court wherein the litigation is 
had, whenever necessary for the protection of the public schools 
of the county or any district thereof. Code, §§ 1447, 1486. 

To select the State students for V. P. I. Code, § 1587. 

To make annual report to the superintendent of public in- 
struction, through the division superintendent of schools, on or 



50 VIRGINIA LAWS CONCERNING EDUCATION 

before the 10th day of September in each year, giving in detail 
all official acts of the board for the year closing the 31st day 
of July preceding, and have published a statement showing all 
receipts and disbursements of public free school funds in the 
county. Code, § 1446; Acts 1908, p. 555, Supplement 1910, 
p. 643. 

The county school board may, in its discretion, supplement 
the salary of the division superintendent, provided it is not 
increased or decreased during a term of office. Code, § 1438. 

It may order district school boards to pay each trustee, ex- 
cept the clerk, not exceeding $10.00 in, any one year, to cover 
expenses in attending meetings of the board. Code, § 1447, 
p. 193, post. 

It may encourage meetings of teachers to be held from time 
to time, under such regulations as the division superintendent 
of schools may prescribe. Code, § 1481. 

It may suspend, in whole or in part, the operation of the 
law making vaccination compulsory. Code, § 1496. 

Under § 1470 of the Code, a county school board may, if 
after due consideration it deems it wise and to the best inter- 
ests of the people, authorize the division of the school districts 
of the county into sub-divisions, each embracing the feeder 
territory for one primary school, to be governed and controlled 
by sub-district school boards elected, in the manner provided in 
said Act, by the male residents of the sub-districts so formed, 
who are tax payers therein and qualified to vote for members of 
the General Assembly of Virginia. 

In due time, before the opening of the schools in any year 
following the adoption of this act by any county school board, 
it is the duty of each district school board therein to determine 
by specific boundaries what area shall attach to each school 
house for a primary school for white children, and what to each 
school house for colored children, in the respective districts 
throughout the county. These areas are called sub-districts, 
and their boundaries and numbers may be changed from time to 
time in the discretion of the district boards; but in establishing 
and altering such boundaries, the provisions of § 1503 of the 
Code must govern : 

Code, § 1503. "The number of schools in the State shall be ac- 
cording to the funds available, and for this purpose the district 
school boards are authorized to provide for the consolidation of 
schools and the transportation of pupils." 



ADMINISTRATION OF PUBLIC SCHOOLS 51 

The sub-districts for white and colored children must be con- 
sidered as separate sub-districts, although the territories over- 
lap, and only white persons may vote in the meetings of sub- 
districts for white persons, and only colored persons in the 
meetings of sub-districts for colored persons. 

Special levies, within the constitutional limit of five mills 
on the dollar of assessed value of property taxable for local 
school purposes, may, by a majority vote of the freeholders of 
the sub-district cast in favor thereof, be demanded to be levied 
by the board of supervisors at the next meeting at which it 
fixes the general county levy for the ensuing year, which 
action of the board of supervisors must be forthwith certified 
by its clerk to the clerk of the sub-district affected thereby. It 
is the duty of the clerk and treasurer of the sub-district board 
to record the levies and collect the taxes thereunder, according 
to the provisions of said act. The sub-district treasurer is re- 
quired to give bond. 

If in the judgment of the county school board the operation 
of this law is injurious to the educational interests of the 
county, it may apply to the State Board of Education for relief 
therefrom, which that body has power to grant. 

The procedure in all sub-district matters is laid down in careful 
and elaborate detail in § 1470 of the Code, as amended, a copy of 
which may be had, upon application to the superintendent of public 
instruction, by the school officials in any county desiring to take 
action thereunder. 

School Trustee Electoral Boards. — The division superin- 
tendent is, ex officio, clerk of the school trustee .electoral board, 
which must elect one of its members chairman. Code, § 1451. 

The powers and duties of the school trustee electoral board 
are to elect the district school trustees of the county and to act 
as a permanent board of appeal under § 1487 of the Code. 
Code, §§ 1454, 1455; pp. 40, 53-4. See also Code, §§ 1492, 
1493. 

District school trustees must be appointed not more than 
thirty days before the first of September in each year, for a 
term of three years, one trustee for each district to be elected 
annually. The said electoral board also fills vacancies for un- 
expired terms. 

N'o federal. State, or county officer, or aiw deputy of such 
officer, and no supervisor, may be chosen district school trustee 
in a county, except a fourth-class postmaster, a county super- 



52 VIRGINIA LAWS CONCERNING EDUCATION 

intendent of the poor, commissioners in chancery and of ac- 
counts, and notaries public. At the time of his appointment, 
a trustee must be a resident of the district for which appointed, 
and removal therefrom vacates his office. No person unable to 
read and write may be appointed a school trustee. 
Code, §§ 1454, 1459, 1460. 

See p. 40, ante, for decision in Commonwealth v. Barrett, 14 
Va. La\v Register, 271, defining the term "State officer." 

The school trustee electoral board has the power and duty 
of declaring vacant, and filling, the office of any trustee who 
fails to qualify within thirty days after being notified of his 
appointment, or who fails to discharge the duties of his office 
according to laAv. In this connection, the board has power to 
summon witnesses and require official records to be produced 
before it, and of imposing a fine of not exceeding $10.00 for 
failure to obey its summons. Code, § 1455. 

Any member may call a meeting by giving notice to the 
other two ; two members constitute a quorum, but the concur- 
rence of a majoritv of the board is necessary for valid action. 
Code, § 1456.' 

The clerk of the school trustee electoral board is required 
to furnish to the superintendent of public instruction a list of 
the school trustees from each district in the county, with ad- 
dresses, dates of appointment, and any other information asked. 
He must promptly notify the board when vacancies occur in the 
office of district school trustee, and give the members thirty days 
notice in advance of the expiration of a regular term of office; 
notify all trustees of their appointment, forwarding them blank 
form, secured from the superintendent of public instruction, 
of the official oath they are required to take, and must record all 
proceedings of the board in a bound volume. Code, § 1457. 

Nothing contained in the above provisions is to be construed as 
interfering with the election of city school trustees by municipal 
councils. Code, § 1458. 

Retiring School Officers — 

Retiring school officers are required to deliver to their suc- 
cessors in office all records and official papers, under penalty 
for failure of a fine of from $25.00 to $100.00, and a like 
penaltv for each month such records and papers are withheld. 
Code,'§ 1473. 



ADMINISTRATION OF PUBLIC SCHOOLS 53 

Penalties for Offending Against the School Laws — 

Any school officer or teacher in the public schools who by 
malfeasance or neglect offends against the provisions of the 
school law is subject to a penalty — if no specific penalty is pre- 
scribed — of not less than $5.00 nor more than $50.00 for each 
offense. Code, § 1474. 

All penalties and forfeitures imposed by the school law upon 
a treasurer, or any school officer or teacher, belong to the 
literary fund. 

The suit for such penalties must be in the name of the Com- 
monwealth, and if prosecuted in a court of record, it is the duty 
of the attorney for the Commonwealth to prosecute the pro- 
ceedings. It is also his duty, and the duty of any county, or 
district, school officer, as the case may be, to set such prosecu- 
tion on foot. But no person may be subjected the second time 
to a penalty inflicted for any such offense by any of the school 
authorities in pursuance of the school law. Code, § 1475. 

Appellate Jurisdiction 

In the counties, the school trustee electoral boards are con- 
stituted permanent boards of appeal. Any five interested 
heads of families, residents of the district, aggrieved by the 
action of any district school board, may within thirty days 
after such action state their complaint in writing to the division 
superintendent of schools, and if he cannot, within ten days after 
receipt of the complaint, satisfactorily adjust it, he is required 
to grant an appeal to the school trustee electoral board, which 
must meet in the district where the complaint originated, sum- 
mon witnesses, require any official records, papers or books per- 
taining to the case to be produced before it, hear and finally 
determine all questions at issue. A fine not exceeding $10.00 
for each offense of failure to obey such summons may be im- 
posed by the board upon any witness. The chairman has 
power to administer oath to any witness appearing before the 
board. Such action as is taken must be recorded in its minutes, 
and in the record book of the district board whose action is re- 
viewed. Code, §§ 1455, 1487. 

The school boards of cities are subject to no other authority than 
the State Board of Education and the superintendent of public in- 
struction. See Kirkland case, cited p. 46, ante. 

xVppeal lies from decisions of the superintendent of public 
instruction to the State Board of Education ; provided that all 



54 VIRGII^IA LAWS CONCERNING EDUCATION 

facts and arguments in each case are presented in writing, and 
in snch form as the board may prescribe. Code, § 1433(9). 

The board of supervisors or any five citizens of a county may 
by motion appeal to the circuit court, or to its judge in vaca- 
tion, from an adverse decision on the title to any property de- 
sired to be acquired by a school board, rendered by the attorney 
designated by said court to examine and pass upon the same. 
They must submit with the motion, their petition accompanied 
by evidences of title, and give ten days notice to the attorney 
who passed upon the title. From the decision of the circuit 
court, or its judge in vacation, appeal lies of right to the 
Supreme Court of Appeals. Code, § 824. 

Parents or guardians aggrieved by the conditions fixed by a 
city school board for the admission of their children to the 
schools of a city in which they are not resident, have the right 
of appeal to the State Board of Education. Code, § 1493. 

Any tax-paying parent or guardian domiciled in Virginia 
who is refused admission for his children or wards to the schools 
of any district in which he is not a resident, or if aggrieved by 
the decision of the division superintendent as to the right or 
terms of admission to the schools of another than his residence 
district, has the right of appeal to the school trustee electoral 
board of the district wherein the school desired to be attended 
is located, and the decision of that board shall be final, both as 
to the propriety of attendance, and the terms. Code, §§ 1492, 
1493. See Appendix pp. 264-5. 

State, County, and City Officers Having Powers and Duties in 
Connection with Public Education 

The following State, county, and city officers have also of- 
ficial duties and powers in connection with public education in 
the State: 

Commonwealth's Attorneys — Election — Terms of Office — 

Commonwealth's attomeys for the counties and cities are 
elected by the qualified voters at a general election held on 
Tuesday after the first Monday in every fourth ISTovember, to 
serve for terms of four years. The term of the present incum- 
bents of office in the (jounties will expire on the 1st of January, 
191G, and their successors will be elected in November, 1915; 
in the cities the term will expire on the first of January, 1918, 



ADMINISTEATIOX OF PUBLIC SCHOOLS 55 

and the successors to the present incumbents elected in the pre- 
ceding :N'oveniber. Const., §§ 110, 112, 119; Code, §§ 92, 98. 

Powers — Duties — 

It is the duty of the Commonwealth's attorney to act as 
attorney for the school boards of his division in instituting such 
legal proceedings as the boards may think proper to compel the 
settlements of account required by law of custodians of school 
funds or property, and to set on foot and conduct prosecutions 
for penalties and forfeitures imposed by law. Code, §§ 1422, 
1424, 1475, 1486. See pp. 49, 53, 179, 180. 

In the counties it is also his duty to serve as a member of the 
school trustee electoral board, and to examine the cash to 
balance the account of school funds exhibited to him by the 
treasurer of the county on the first of October in each year. 
Code, §§ 786a(5), 1450. See pp. 41, 58, 180. 

County Supervisors — Election — Term of Office — 

In each magisterial district of a county (see p. 15), the 
qualified voters elect one supervisor at a general election held 
on Tuesday after the first Monday in every fourth N^ovember, 
to serve for a term of four years from the first of January suc- 
ceeding the election. The term of the present incumbents will 
expire January 1, 1916, and their successors will be elected in 
I^ovember, 1915. 

These district supervisors together form the County Board 
of Supervisors. Const., §§ 111, 112; Code, § 96. 

Powers — Duties — 

It is the duty of the board of supervisors to fix and order the 
county and district school levies and provide for their collection, 
and pass upon claims against the county, and they may, in their 
discretion, appropriate dog tax to the support of the schools. 
Const, § 111; Code, §§ 501a, 833a, 1447(2), 1506. See 
pp. 136-139, 170. 

They are authorized to appropriate money for the establish- 
ment, equipment or maintenance of agricultural schools (Acts 
1910, p. 328, Supplement 1910, p. 911), and to expend an- 
nually a sum not exceeding $1,000.00 for the promotion of 
a o'ri culture in their respective counties. Acts 1912, p. 653, 
Biennial 1912, p. 234. See also p. 563 of Acts 1912, for 
special provision for an appropriation of $3,000.00 by Wythe 
County. 



56 VIRGINIA LAWS CONCERNING EDUCATION 

They may supplement the salary of the division superin- 
tendent of schools, but mav not change it during his term of 
office. Code, § 1438. 

They have the right of appeal from the decision of the cir- 
cuit court or its judge in vacation in the matter of title to pub- 
lic school property. Code, § 821. See pp. 54, 155. 

They are required by § 1506(3) of the Code, upon petition 
from the county school board, to submit the question of an in- 
creased levy for district school purposes to the qualified voters 
of the county, or district, as the case may be. 

Whenever a district school board petitions for a reference of 
the question of a bond issue for school improvement, to the 
qualified voters, it is the duty of the board of supervisors to 
confirm and approve the school board's petition and statement 
of facts by proper resolution, if in their judgment the facts 
so warrant, and if the special election is ordered, it is their 
further duty to attend to the details, pay the costs, and record 
the result thereof. Acts 1910, p. 279, Supplement 1910, p. 
687. See pp. 164-6. 

They have power to cause persons within the county to be 
vaccinated with genuine vaccine matter, and to fix the fines and 
penalties for disobedience, making provision at the cost of the 
county for those unable to pay. Code, § 1733. 

City Councils and Mayors of Cities — Election — Terms of Office — 

Councils and mayors of cities are elected on the second Tues- 
day in June of every fourth year, and their terms of office be- 
gin on the first day of the succeeding September and continue 
four years. The terms of the mayors now in office expire Sep- 
tember 1, 1916, and their successors will be elected in the pre- 
ceding June. Const., §§ 121, 122; Code, §§ 98, 1015a, 1015b. 

Powers — Duties — 

City councils have the following powers and duties in con- 
nection with the public free schools — acting with the mayor : 

To appoint trustees to manage and control the affairs of the 
public free schools of the city. Code, § 1528; p. 39, ante. 

To provide funds for the establishment and maintenance of 
the public free schools of the city, either by levy made on or 
before the fourth Monday in July in each year, or as soon there- 
after as practicable ; or, in their discretion, by an ap])ropria- 
tion in lieu of such levy. Const, § 136; Code, § 1529; 
pp. 47 ; 139, post. 



ADMINISTRATION OF PUBLIC SCHOOLS 57 

To provide for the collection of any local school taxes levied. 
Const, § 136. 

To select the character and design of fire-escapes whenever 
they are required on school buildings. Code, § 1067a ; p. 154, 
post. 

They may, out of any surplus funds in the treasury, supple- 
ment the salary of the division superintendent of schools, but 
they may not change the amount thereof during a term of of- 
fice. Code, § 1438. 

They have power to cause persons within the city to be 
vaccinated with genuine vaccine matter, and to fix the fines and 
penalties for disobedience, making provision at the cost of the 
city for those unable to pay. Code, § 1733. 

Treasurers — Election — Terms of OiRce — 

County Treasurers are elected by the qualified voters of the 
county on Tuesday after the first Monday in every fourth 
^N^ovember, for a term of four years from the first of January 
succeeding their election. The term of the present incumbents 
will expire January 1, 1916, and their successors elected in 
IS^ovember, 1915. Const, §§ 110, 112; Code, § 92. 

City Treasurers are elected by the qualified voters of the 
city on Tuesday after the first Monday in, every fourth No- 
vember, for a term of four years from the first of January 
succeeding their election. The term of the present incumbents 
will expire January 1, 1918, and their successors will be 
elected in November, 1917. Const., § 120 ; Code, § 98. 

Powers — Duties — 

The provisions of the school laws for county treasurers apply 
in like manner to treasurers of towns constituting single school 
districts, and, unless otherwise provided, to city treasurers. 
Code, §§ 1518, 1522. 

It is the duty of each county and city treasurer to receive 
the State revenues and the county and city levies and account 
for and pay over the same in the manner provided by law. 
Code, §§ 602, 603, 604 (Ch. 27 of Code), §§ 786a, 833, 853a. 

The county treasurer must in all cases collect and disburse, 
or invest, the funds placed under the control of a county or 
district school board. Code, § 1449. Under Acts 1908, at p. 
7, this applies also to cities of the second class. See pp. 170-7, 
post. 



58 VIRGINIA LAWS CONCERNING EDUCATION 

All funds designed for the benefit of the public free schools 
of a city must be deposited with its treasurer and kept by him 
in separate accounts and disbursed only on orders from the 
city school board. Code, § 1531. 

Funds received under Act of 1906, p. 350, providing for the 
establishment and maintenance of a system of public high 
schools, must be placed by the treasurer to the credit of the 
high school fund and used for no other purpose. See p. 175. 

All warrants drawn by district school boards upon the State 
school fund must be paid by city or county treasurers out of 
any State funds received by them from the auditor's office. 
In no case may a treasurer pay out a greater sum for any 
district than the amount of State school funds apportioned to 
that district. Code, § 1509. 

It is the duty of the treasurer to furnish for use of the 
county school board at its annual meeting in August a report 
for the school year closing June 30th preceding said meeting, 
showing in detail all transactions pertaining to the receipts 
and disbursements for said school year, with books, vouchers 
and other official papers which contain accounts or evidence of 
receipts or disbursements, and deliver for cancellation all paid 
warrants. Code, § 1484. 

It is likewise his duty to settle his accounts for the fiscal year 
as follows: 

With the Auditor of Public Accounts on or before the 1st of 
September. Code, § 853a. 

With the Board of Supervisors at their regular meeting in 
the month of July, or soon thereafter as practicable, not later 
than October 1st. Code, §§ 786a(5), 833. See p. 180, post. 

With the County School Board by the 1st of October. Code, 
§ 786a(5). 

On the 1st of October in each year he is required to exhibit 
to the Judge of the Circuit Court and the Commonwealth's 
Attorney the cash to balance his accounts with the county levy 
and the county school funds, if any be due. Code, § 786a(5). 

See pp. 139-140, 169-181, post, for full statement of adminis- 
tration of public free school funds. 

Judges of Circuit and Corporation Courts — Election — Terms of Office — 

Judges of circuit and corporation courts are elected by the 
joint vote of the two houses of the General Assembly to serve 
for terms of eight years. Const., § 96. 



ADMIITISTRATION OF PUBLIC SCHOOLS 59 

Powers and Duties in Connection with the Public Free School System — 

In addition to their general judicial functions affecting the 
public free school system, the judges of the circuit courts of 
counties have the power and duty of appointing resident 
qualified voters to serve as members of the school trustee 
electoral boards in their respective circuits. Code, § 1450. 
See p. 41, ante. 

In connection with all contracts for the purchase of real 
estate by school boards, it is the duty of the court having 
jurisdiction, or its judge in vacation, to designate a competent 
and discreet attorney-at-law to examine and pass upon the 
title to the property and fix his compensation. Code, §§ 824, 
1488. 

state Auditors — Election and Term of Office — 

The State auditor of public accounts and the second auditor 
are elected by the joint vote of the two houses of the General 
Assembly evei^ four years. Their term of office begins on 
the 1st of March following their election, and continues for 
four years and until their successors are elected. The term 
of the present incumbents will expire on the 1st of March, 
1916. Const., § 82; Code, §§ 223, 224. 

Powers and Duties in Connection with the Public Free School System — 

All moneys paid into the State treasury, or drawn there- 
from, must be upon warrant signed by the auditor of public 
accounts, or the second auditor. Code, §§ 752, 772. See 
pp. 175-6. 

The Auditor of Public Accounts is required to pay over in 
money, annually, according to the usual forms and general 
provisions of the law, all that portion of the annual revenue of 
the State which is set apart for public free school purposes. To 
this end it is his duty to have the books of the commissioners of 
revenue prepared with reference to the separate assessments 
and collection of the school taxes, preparing the land and 
property books with three columns, one for entering the county 
school levies, one for entering the district school levies, and 
the third for entering the name or number of the school dis- 
trict where the property is taxed. Code, §§ 1505, 1514, p. 
2266, cl. 145. And in this connection it is his further duty 
to require from county and city treasurers the reports and 
settlements the law demands, including in his published annual 



60 VIRGINIA LAWS CONOERNING EDUCATION 

report a table of the detailed information required to be fur- 
nished by them not later than the 1st of September in each 
year. Code, §§ G04, 853a. 

In making settlements with treasurers, the auditor has 
authority to credit them with the amount of any lost school 
warrant, upon the production of satisfactory evidence that the 
same has been lost, and that the amount has been paid by the 
treasurer in the manner prescribed by law, taking from the 
treasurer a bond in sufficient amount, with proper security, 
conditioned to save the Commonwealth harmless by reason of 
the amount of the lost warrant. Code, § 773b. 

It is his duty to annually apportion the State school funds 
among the counties and cities of the Commonwealth, in ac- 
cordance with the scheme of apportionment provided by the 
State Board of Education, and to send to the county and city 
treasurers warrants upon the State treasury for the sums to 
which their divisions are respectively entitled. Code, §§ 1505, 
1507. 

He is custodian of the bonds required of certain school of- 
ficials. Code, § 228. 

The Second Auditor is the custodian of all securities and 
money belonging to the literary fund, including the evidences 
of debt taken for loans made therefrom to district school boards. 
He is also custodian of the retired teachers' fund and of the 
special appropriation made by the General Assembly for high 
schools. All moneys belonging to these funds must be received 
into the State treasury on the warrant of the second auditor. 

His further duties are: to institute proceedings ordered by 
the State Board of Education for recovery of money due the 
literary fund ; to require county treasurers to pay past due in- 
terest or principal on loans from the literary fund to the dis- 
trict school trustees ; to pay by his warrant on the State 
treasury, attested by one of his clerks, all claims out of the 
literary fund allowed by the State Board of Education, certi- 
fied by its treasurer and presiding officer ; to pay the salaries 
allowed to tlie division superintendents of schools from the 
State fund, and teachers' pensions ; to serve as accountant of 
the literary fund, which he is required to keep in a separate 
account; and, on or before the 1st day of !N^ovember in each 
year, to make annual report to the governor giving a synopsis of 
the financial condition of his department, rendering therewith 
a list of the securities for moiiev belono-ins: to the literarv fund 



ADMINISTRATION OF PUBLIC SCHOOLS 61 

and the retired teachers' fund, with a statement of their value. 
Code, §g 783, 1432, 1433(11) (12), 1438; Acts 1908, p. 106, 
Supplement 1910, p. 685; Acts 1914, p. 715, Biennial 1914, p. 
312; pp. 181-3, post. 

State Treasurer — Election and Term of OiRce — 

The State treasurer is elected at the same time and for the 
same term as the governor. Code, § 87. See p. 30, ante. 

Duties and Powers in Connection with School Funds — 

The State treasurer is required to keep in a separate account 
all money belonging to the literary fund, showing receipts and 
disbursements, and to keep a separate account of each branch 
of the revenue. Code, §§ 780, 781. 

State Accountant — Joint Auditing Committee — Qualifications — Appoint- 
ment — Term of Office — 

The State accountant is appointed by the governor, upon the 
recommendation of the joint auditing committee, for a term 
of four years from the first of July following his appointment. 
There must be selected for the place an experienced and ex- 
pert accountant who for at least four years prior to his ap- 
pointment has been engaged in the business of accounting. 

The joint auditing committee is a standing committee, con- 
sisting of two members of the Senate and three of the House of 
Delegates, appointed by the General Assembly at each regu- 
lar session, and charged with the duty of examining annually, 
or oftener, in its discretion, the books and accounts of the 
executive officers at the seat of government whose duties pertain 
to auditing or accounting for the State revenue, of reporting 
the result of these investigations to the governor, to be sub- 
mitted to the Senate for appropriate action, and publishing 
them in two newspapers of general circulation in the State. 

The governor may remove the State accountant at any time 
for malfeasance or misfeasance in office, or for incompetency, 
and fill any vacancy occasioned thus, or otherwise. 

Powers and Duties of State Accountant in Connection with School 
Funds^ 

It is the duty of the State accountant, and he is given 
authority, under direction of the joint auditing committee, to 
devise a modern, effective and uniform system of bookkeeping 
and accounting for the various State offices, among others, those 



62 VIRGINIA LAWS CONCERNING EDUCATION 

handlini^ school funds, and for educational, as well as for other, 
institutions maintained in whole or in part by the State. 

To inspect and scrutinize from time to time the accounts and 
vouchers of all State officers and institutions mentioned above, 
and to report to the auditor of public accounts and the governor 
any irregularities found ; except that irregularities in the ac- 
counts of the auditor of public accounts must be reported to 
the governor and the General Assembly. 

Const., §§ 68, 84; Acts 1910, p. 243, Supplement 1910, p. 
893, and Acts 1914, p. 202, Biennial 1914, p. 331. See 
pp. 188-9. 

Removal of Officers 

Circuit and corporation courts have power within their juris- 
diction to remove from office all county, city, and district 
officers for malfeasance, misfeasance, incompetency, or gross 
neglect of official duty, upon motion after notice ; and, except 
for appointed offices, the officer affected has the right to demand 
trial by jury. This provision does not interfere with the powers 
of mayors of cities or with the provisions of city charters, or 
ordinances passed in pursuance thereof, for the removal of city 
officers. Code, § 821. 

Officers Chosen at Special Election to fill Vacancies 

Any person chosen at a special election to fill a vacancy in 
any public office must enter upon the duties thereof as soon as 
he qualifies and continue to discharge the same until the person 
chosen to fill the office qualifies. Code, § 103. 

Elections for Public Free School Purposes 

All elections for public free school purposes are required to 
be held only after due notice thereof given by writ of election 
dircted to the sheriff of the county or the sergeant of the corpora- 
tion, under the provisions of § 115 of the Code. Code; § 101. 

All officers who under the general laws are charged with the 
conduct of elections and the determination of the results thereof 
are required to render official service in the matter of votes 
ordered for public free school purposes under regulations pre- 
scibed by the State Board of Education. Code, § 101. See also 
Code, §§115, 146. 



Part II. 



INSTITUTIONS EDUCATIONAL IN 
CHARACTER 



STATE IXSTITUTIOXS OF LEAKXIXG 65 



CHAPTER III 

STATE I^TSTITUTIONS OF LEARXIXG 



The following State institutions of learning in Virginia are 
maintained in part, or aided, bv State appropriations : 

(See Appendix, pp. 233-4, for requisites for registration by tlic State 
Board of Education as a university or college.) 

STATE INSTITUTIONS OF LEARNING FOR MEN 

The University of Virginia, Located at Charlottesville 

The following branches of learning are required to be taught 
at the University of Virginia : the Latin, Greek, Hebrev^, 
French, Spanish, Italian, German, and Anglo-Saxon languages ; 
the different branches of mathematics, pure and physical; 
natural philosophy, chemistry, mineralogy, including geology; 
the principles of agriculture, botany, anatomy, surgery, and 
medicine ; zoology, history, ideology, general grammar, ethics, 
rhetoric and belles lettres ; civil government, political economy, 
the law of nature and of nations, and municipal law. Code, 
§ 1552. 

Ch. 80, §§ 1776-83 of the Code, makes provision for dead bodies 
for use in the promotion of medical science in the State medical 
schools. 

Clerks of the Supreme Court are required to mail to the law 
library of the University one copy each of all briefs and records as 
promptly as may be after they are filed, to be preserved for tlie use 
of students, professors, and others entitled to the use of said library. 
Acts 1912, p. 58. 

State appropriations to the University are conditioned upon 
instruction being given to pro|>erly prepared white students 
from Virginia without charge in the academic de])artment for 
tuition or a University fee of more than $10.00. This $10.00 
covers all the items formerly covered by the University fee 
of $40.00 charged State students in the academic department 
until 190(3, when, in consideration of an increased appropriation 
it was lowered to $10.00. This is not to interfere with the re- 
quirement for a contingent deposit of $10.00. 



QG VIRGIIS'IA LAWS CONCERNING EDUCATION 

The academic department consists of the following schools: 
Latin, Greek, modern languages, pure mathematics, moral 
philosophy, natnral philosophy, historical science, ag-riculture, 
zoology and botany, natural history and geology, general and 
industrial chemistry, and English language and literature. 

Code, § 1554, as amended by Acts Appropriating the Public 
Eeyenues, 1906, p. 179; 1908,*^ p. 420; 1910, p. 395; 1912, p. 
237; 1914, p. 314. 

The president and professors are paid stated salaries and the 
professors are authorized to receive such additional compensa- 
tion out of fees for tuition and other revenues of the University 
as the board of visitors may from time to time direct. Code, 
§ 1551. 

Beneficiary of Carnegie Foundation. — On the 15th of June, 
1908, the rector and visitors of the University of Virginia 
passed the following resolution, which was approved by the 
governor of the State on the 5th of September, 1908, and by 
Act of February 12, 1910, the General Assembly approved the 
action so taken and consented that the benefits of the Carnegie 
Foundation for the advancement of teaching be accepted by the 
University of Virginia. Acts 1910, p. 23, Supplement 1910, 
p. 861. 

"Virginia appreciates the high purpose of Mr. Andrew Carnegie 
in establishing the Carnegie Foundation for the advancement of 
teaching. They perceive clearly its far-reaching and beneficent 
results in advancing the dignity of the teacher's office, in protecting 
the old age of unselfish public servants, and in increasing the 
efficiency and promoting the elevation of the standards of American 
colleges and universities. 

''They, therefore, desire that the University of Virginia shall 
participate in the benefits of the foundation, and hereby make ap- 
plication for admission of the University of Virginia into all rights 
and privileges of the Carnegie Foundation for the advancement of 
teaching." 

The General Alumni Association of the University of Y'lr- 
ginia (successor to the Society of Alumni) has for its object 
the establishment of an endowment fund for the use and bene- 
fit of the University and the promotion of its general prosperity 
and welfare. Acts*^ 1910, p. 389. See p. 77. 

The Virginia Military Institute, Located at Lexington 

!N^ot less than fifty young men, between sixteen and twenty- 
five years of age, one from each senatorial district, and eleven 
from "the State at large, must, upon evidence of fair moral 



STATE INSTITUTIONS OF LEARNING 67 

character, be admitted by the board of visitors as State cadets, 
free of charge for board and tuition. When no suitable per- 
son applies from a district, the vacancy may be supplied from 
the State at large, but due notice of the time and place of mak- 
ing appointments to fill vacancies in anv district must be given. 
Code, § 1575. 

Every cadet availing himself of the privilege of free board 
and tuition as a State student for two years or more is obli- 
gated thereby to teach, within the three years immediately 
after leaving the institute, for two years in some school in the 
State; or, at his option, he may serve an enlistment in the 
National Guard of the State, or serve for a period of two 
years as an engineer on the State Highway Commission; or 
else forfeit the bond he is required as a State cadet to give 
upon entering the institute, covering the cost of the board and 
tuition remitted ; and neither infancy nor the statute of limi- 
tations may be held to bar recovery of the debt, or any part 
thereof. The discharge of the duties of any one of said oc- 
cupations within the time prescribed is accepted in fulfillment 
of the obligation, but until it is so fulfilled, he is required to 
make report in writing to the superintendent of V. M. I. on or 
before the first day of June in each year succeeding the date of 
his leaving the institute. The board of visitors has the right to 
excuse students from the discharge of these obligations in such 
cases as they deem right and proper. Code, § 1582. 

The board of visitors prescribes the terms upon which pay 
cadets may be admitted, the course of their instruction, and the 
nature and duration of their service. Code, § 1574. 

It is the duty of the board of visitors to employ professors 
to give instruction in military science, and in such other 
branches of knowledge as it may deem wise. Code, § 1572. 

The cadets form a military corps, under the command of the 
superintendent, constituting the guard of the institute. Code, 
§ 1578. 

Any commissioned officer of the State militia may become a 
student at the institute for a period not exceeding ten months, 
and receive instruction in any and all departments of military 
science taught therein, without being required to pay any fee 
or tuition. Code, § 1577. 

The officers of the institute are commissioned ofiicers of the 
Virginia volunteers, subject to orders of the governor and to 
the same rules and regulations as to discipline provided for 



68 VIEGIXIA LAWS CO^^cERXIXG EDUCATIOX 

other commissioned officers of the military organizations of the 
State, and the governor is authorized and directed to issue com- 
missions to its professors, assistant professors, and other of- 
ficers, according to the rank prescribed by the institute. Such 
commissions do not entitle the holders to any pay or emolument 
by reason thereof unless assigned to duty with the Virginia 
volunteers by order of the governor. In such event, their rank 
is relatively inferior to that of all officers of the same grade in 
the Virginia volunteers. Code, § 1573. 

Virginia Agricultural and Mechanical College and Polytechnic 

Institute, Located at Blacksburg 

(Hereinafter Called V. P. I.) 

Students equal in number to four times the membership of 
the House of Delegates, apportioned in like manner, have the 
privilege of attending the V. P. I. without charge for tuition, 
use of laboratories or public buildings. They are selected, for 
periods of two year each, by the school trustees of the respective 
divisions of the State, with reference to the highest efficiency 
and good character, from among the white male students of the 
free schools ; or, in the discretion of the trustees, others than 
students of the public schools may be selected. Upon recom- 
mendation of the faculty, the period of two years may be 
lengthened by the board of visitors for any student, selected as 
above, who shows more than ordinarv- dili2:ence and proficiency. 
Code,' §§ 1587, 1590. 

The curriculum of the college embraces such branches of 
learning as relate to agriculture and the mechanic arts, without 
excluding other scientific and classical studies, and including 
military tactics. Code, § 1589. A school of mines was es- 
tablished in 1908. Acts 1908, p. 367, Supplement 1910, p. 
792. 

Each professor receives a salary, fixed by the board of vis- 
itors, which body likewise fixes the fees to be charged for tuition 
of students other than those received free of charge as above. 
These tuition fees belong to the funds of the college. Code, 
§ 1597. 

The Virginia State Agricultural Experiment Station, estab-. 
lished at the V. P. I., has for its general object the promotion 
of scientific investigation and experiment respecting the princi- 
ples and application of agricultural science, and the acquire- 



STATE INSTITUTIONS OF LEARNING 69 

ment, and diffusion among the people of the State, of useful 
and practical information on subjects connected with agri- 
culture. 

The principal work of the station is to conduct original re- 
search or verify experiments on the physiology of plants and ani- 
mals ; the diseases to which they are subject, and the remedies 
therefor ; the chemical composition of useful plants at their 
different stages of growth; the comparative advantages of 
rotative cropping as pursued under a varying series of crops; 
the capacity of new plants and trees for acclimation ; the 
analysis of soils and water ; the chemical composition of ma- 
nures, natural and artificial, w^ith experiments designed to test 
their comparative effects on crops of different kinds ; the adapta- 
tion and value of grasses and forage plants ; the composition 
and digestibility of different kinds of food for domestic ani- 
mals ; the scientific and economic questions involved in the pro- 
duction of butter and cheese, and such other researches and ex- 
periments bearing directly on the agricultural industry of the 
State as may be deemed advisable. 

So far as the means of the station permit, bulletins and crop 
reports of progress are published from time to time, and one 
copy of each sent to every newspaper in the State and to such 
individuals actually engaged in farming as may request them. 
Acts 1906, p. 386, 'Supplement 1910, p. 683. 

A further purpose of the station is to protect, by proper 
quarantine laws and regulations, the domestic animals of the 
State from all contagious or infectious diseases of a malignant 
character, whether existing in the State or elsewhere. Code, 
§§ 1.599, 1599a. 

The Demonstration Work of the State is also a department 
of the Y. P. I., and under its control. Acts 1914, p. 710, 
Biennial 1914, p. 497. 

Its object is to instruct farmers in improved methods of agri- 
culture, horticulture, stock-raising, and everything for the ad- 
vancement of the agricultural interests of the State, by con- 
ducting demonstrations on farms, and assisting farmers with 
instruction and advice on all technical agricultural subjects and 
carrying information to them from the agricultural college, the 
experiment station, and all other sources. To this end, the 
demonstration or county agents may be authorized and required 
to assist by teaching, demonstration, and otherwise. 



70 VIRGINIA LAWS CONCERNING EDUCATION 

These agents may be further authorized, if deemed wise bv 
the president of the V. P. I., to conduct boys' demonstration 
clubs and girls' canning clubs, and the State Board of Edu- 
cation is authorized to make such cooperative arrangements 
with him as it may deem wise for the coordination of such 
work with that of the county schools of the State. 

The Colleg^e of William and Mary in Virginia, 
Located at Williamsburg 

By Act of March 7, 1906, the General Assembly assumed 
ownership and control by the State of this institution, upon 
the following representations made and conditions fixed : 

"Whereas it is represented that William and Mary College is desirous 
of establishing and maintaining in connection with its collegiate course 
a system of normal instruction and training, so as to prepare white male 
teachers for the public free schools of the Commonwealth, and is unable 
to do so because of the inadequacy of its resources, and is desirous of 
transferring to the ownership and control of the State for educational 
purposes, all its real estate and personal property- therefore, to aid the 
college in the purposes aforesaid, but subject to such conditions and re- 
strictions as are herewith mentioned; 

"1. Be it enacted by the General Assembly of Virginia as follows: 
That the said college shall establish in connection with the collegiate course, 
which shall be maintained, a system of normal instruction and training 
for the purpose of educating and training white male teachers for the 
public free schools of the State." 

"5. The board of visitors shall prescribe rules for the examination 
and admission of the pupils applying for normal instruction, and shall 
require each pupil to give satisfactory assurance of his intention and 
willingness to teach in the public schools of the State for at least two years 
after leaving said institution, and each of said pupils shall have, free of 
charge for tuition, the privileges of the collegiate course. 

"6. Each county and city in the State shall be entitled to one pupil, 
who shall be nominated by the division superintendent of schools, and if 
any vacancy occurs it shall be filled from the State at large by the board 
of visitors, and each county and city in the State shall also be entitled to 
one additional pupil for each additional representative in the house of 
delegates above one, to be appointed in a similar manner. The said pupil, 
so appointed, shall be exempt from tuition fees, and the charge for their 
board, washing, lights, and fuel shall not exceed the sum of twelve dollars 
per month." 

Acts 1906, p. 04, Supplement 1910, p. 573. 

The Medical College of Virginia, Located at Richmond 

The custom of receiving State students is continued, ten in 
the medical department and four in the pharmacy department. 
The scholarships in the department of dentistry were discon- 



STATE INSTITUTIONS OF LEARNING 71 

tinned in order to secnre admittance for it in the Xational As- 
sociation of Dental Faculties, which has a rule that no school 
belonging to it may give free scholarships unless obliged to do 
so by its chal'ter, or, in the case of State institutions, by legis- 
lative enactment. These dental scholarships were given by the 
faculty as a token of appreciation of the annual appropriation 
made by the State for the maintenance of the college and not 
for either of the reasons mentioned above; therefore, the dis- 
continuance of them became necessary. 

From the Annual Report of the Medical College of Virginia to the 
superintendent of public instruction for the year ending June 30, 
1913, submitted October 12, 1914. 

Ch. 80, §§ 1776-83 of the Code, makes provision for dead bodies 
for use in the promotion of medical science in the State medical 
schools. 



STATE INSTITUTIONS OF LEARNING FOR WOMEN 
State Normal School for. Women at Farmville 

This institution is for the training and education of white 
female teachers for the public schools of the State. 

Every county and cit}^ in the State is entitled to free tuition 
for one pupil, and one for each additional representative in the 
House of Delegates above one. These students, selected under 
rules prescribed by the Virginia Xormal School Board, are 
required to give satisfactory evidence of intention to teach in 
the public schools of the State for at least two years after leav- 
ing school. Code, § 1611. 

State Normal School for Women at Harrisonburg 
State Normal School for Women at Fredericksburg 
State Normal School for Women at Radford 

These schools are maintained for the training and education 
of white female teachers for the ]n"iblic free schools of the 
State. 

Each county and city of the State is entitled to free tuition 
for one pupil in each of said schools, and one additional in each 
school for every additional member of the House of Delegates, 
above one; nominated by the division superintendent of 
schools, under rules for selection prescribed by the Virginia 
]^ormal School Board, with right to the said Board to increase 



I Z VIRGINIA LAWS COXCERXIXG EDUCATION 

the number of pupils to be selected as above. Satisfactory 
evidence of an intention to teach at least four years after leaving 
normal school must be given. Acts 1908, p. 427, and Acts 1910, 
p. 176, appropriating the public revenues. 

State Students' Loan Fund 

The State Students' Loan Fund is for the benefit of needy 
and deserving students of talent and character, in the academic 
departments of the University of Virginia, the Virginia Mili- 
tary Institute, the Virginia Agricultural and Mechanical Col- 
lege and Polytechnic Institute, the College of William and 
Mary, and the State Xormal Schools for Women at Farmville, 
Harrisonburg, Fredericksburg, and Radford, who might not 
otherwise be able to obtain an education at such institutions. 

Loans to any one student in any one year are limited to 
$100.00, bear interest at 4%, and are rnade upon such terms 
and conditions as to time, security, etc., as msij be determined 
in each case by the authorities of the respective institutions. 

The said State Students' Loan Fund was established by the 
General Assembly by Act of March 14, 1900, appropriating the 
public revenue ; except that the State Xormal Schools for 
Women at Harrisonburg and Fredericksburg were not included 
in its benefits until the passage of the Act of March 16, 1910, 
and the State Xomial School for Women at Radford until the 
passage of the Act of March 23, 1914. 

The Acts of 1908 (p. 430), 1910 (pp. 404, 417), and 1912 
(pp. 253, 270), provided that for five years after their re- 
spective dates of passage each of the institutions severally named 
therein mifi^ht draw from the treasurv of the State, in addition 
to the annual appropriation made to each of them for sup- 
port, a sum not to exceed in amount one per cent of such ap- 
propriation. The Act of 1914 (pp. 335, 359) makes no 
mention of any limit of time during which said one per centum 
may be annually drawn for said purpose. 

The said fund, with all rei)aynients and accretions, is required 
to be held by the said institutions, res])ectively, preserved from 
depletion, and used for no other ])urpose than above stated. 
Full report of all transactions in connection therewith must be 
made to the superintendent of public instruction not later than 
Julv 1st in each vear. 



STATE INSTITUTIONS OF LEARNING 73 



STATE INSTITUTIONS OF LEARNING FOR COLORED 
STUDENTS— CO-EDUCATIONAL 

Virginia Normal and Industrial Institute, Located at Petersburg 

A number of colored students equal to twice the number of 
members of the House of Delegates, and apportioned in the 
same manner, must be admitted free of charge for tuition, use 
of laboratory or public buildings, and upon teniis as to board 
and other expenditures prescribed by the board of visitors. 

These State students must be selected by the division super- 
intendents of schools from tlie colored pupils of either sex, not 
less than fifteen years of age, attending the free schools ; or, in 
the discretion of the division superintendents, from outside the 
free schools. Superior efficiency in study and good moral char- 
acter are to be duly regarded in making the selections. 

When no suitable person applies from a district, the vacancy 
may be filled by the board of visitors from the State at large. 
Due notice of vacancies existing or likelv to occur must be 2:iven 
by the president of the institute to the division superintendents. 

As a condition precedent to admission, State students must 
enter into a written contract with the board of visitors to engage 
in teaching, or other educational work, for not less than two 
years, provided they are not thus deprived of any compensa- 
tion they might otherwise be able to obtain for teaching or other 
educational work. Should any student fail to comply with his 
contract, he may be released upon payment of one-half of the 
tuition and other fees remitted. Code, § 1613(8) (9). 

This institution is required to make provision for a normal 
and an industrial department and such other departments as 
may be deemed expedient and proper. Code, § 1613(1). 

Hampton Normal and Agricultural Institute, Located at Hampton 

There has been set apart for this institution one-third of 
the income arising from the investment of funds derived from 
the sale of land scrip allotted to Virginia under Acts of Con- 
gress passed July 2, 1862 and August 30, 1890; the other two- 
thirds going to the V. P. I. Code, §§ 1586, 1598. See pp. 119, 
12-1, post. 

This State appropriation is conditioned upon the continued 
maintenance and support in the institution of one or more 



74 VIRGINIA LAWS CONCERNING EDUCATION 

schools or departments, the leading object of which is instruc- 
tion in such branches of learning as relate especially to agri- 
culture, the mechanic arts and military tactics, and the Gen- 
eral Assembly reserves the right to withdraw the whole or any 
part of the benefit of the said appropriation. Code, §§ 1602, 

1607. 

Xot less than one hundred students, selected by the trustees 
of the institute, with reference to their character and efficiency, 
from the colored free schools of the State, have the privilege of 
attending the said institution upon the same terms that State 
students are allowed to attend the Y. P. I. (See p. 68, ante.) 
Code, §§ 1587, 1590, 1602, 1603, 1605. 



ADMINISTRATION OF STATE INSTITUTIONS 75 



CHAPTER IV 

ADMIXISTEATION OF STATE INSTITUTIONS OF 

LEAENING 



Section 142 of the Constitution provides that members of boards 
of visitors, or trustees, of educational institutions shall be appointed 
for terms of four j-ears, in such manner as may be provided bj' law; 
one-half, or the least majority, to be appointed every two years. 



University of Virginia 
Administration — 

The University of Virginia is governed by a board of ten 
visitors, including the superintendent of public instruction, to- 
gether forming a corporation under the name and style of 
"The Rector and Visitors of the University of Virginia," which 
is at all times subject to control by the General Assembly. The 
visitors are appointed by the governor, by and with the consent 
of the Senate, to serve for terms of four years, three always to 
be selected from the grand division of the State in which the 
University is located, and two from each of the other grand 
divisions. If any visitor fails to perform the duties of his 
office for one year without sufficient cause shown to the board, 
his place is made vacant. Vacancies other than by expiration 
of term are filled by the governor, subject to ratification or 
rejection by the Senate at the next session of the General As- 
sembly. Terms of members extend over until their successors 
have been appointed and qualify, but the new appointments 
must be made sixtv davs before the expiration of the respective 
terms. Code, §§ 1541^ 1542, 1543; Acts 1906, p. 539, Supple- 
ment 1910, p. 692. 

In addition to its other powers, the University of Virginia 
has all the corporate powers given corporations by the pro- 
visions of Chapter V of the Act Concerning Corporations, ex- 
cept where by express provision that chapter is confined to 
corporations created under it. Code, § 1541. 

It also has power to accept, execute, and administer any 
trust in which it may have an interest, under the terms of the 
instrument creating the trust. Code, § 1541. 



Y6 VIRGINIA LAWS CONCERNING EDUCATION 

It is not lawful for the rector and visitors of the University, 
without the consent of the General Assembly previously ob- 
tained, to issue its obligations to be secured by deed of trust on 
its real estate. Code, §§ 1541, 1556. 

Organization, Powers, and Duties of Board of Visitors— 

The board of visitors organizes at its iirst meeting after the 
28th of February in every fourtli year, when it appoints a 
secretary, and from its own number a rector to serve for four 
years and who presides over the meetings of the board. In the 
absence of these officers, the board appoints substitutes pro 
tempore, and it has power to fill vacancies for unexpired terms. 

At least one meeting a year must be held at the University, 
and the board may arrange for other meetings at such times and 
places as it m ay '^ determine. Special meetings may be called 
by the rector or any three members, and in every case it is the 
duty of the secretary to give to every member notice of the 
time and place of meeting. Five members constitute a quorum. 

At every regular annual meeting, it is the duty of the board 
to appoint an executive committee, composed of not less than 
three nor more than iive of its number, for the transaction of 
business in the recess of the board, to serve for one year, or 
until the next regular annual meeting. It is the duty of this 
committee to meet at the University at least two days before the 
regular annual meeting of the board, and on some day not later 
than the 15th of October in every year. Code, §§ 1544, 1545. 

The board has the following additional duties and powers: 

To appoint a president and as many professors as it may 
deem proper, prescribe their duties, and with the assent of two- 
thirds of the board remove any of them from office; and it may 
also appoint a bursar and proctor, and employ any other agents 
or servants; but before making appointment of a president, 
proctor, or professors, it is required to give thirty days' notice 
by publication for four successive weeks in some daily news- 
paper of good circulation published in Kichmond, Virginia, 
stating the time and place when the appointment will be made. 
Code, § 1546. 

To care for and preserve all property belonging to the Uni- 
versity and regulate the renting of the hotels and dormitories. 
Code, § 1546. 

To prescribe the course and mode of instruction, regulate the 
government and discipline of the students and generally in 



ADMINISTKATION OF STATE INSTITUTIONS 77 

respect to the government and management of the institution, 
make such rules and regulations as it may deem expedient and 
not contrary to the law. Code, § 1546. 

To examine into the progress of the students each year and 
give those who excel in any branch such honorary testimonials 
of approbation as it may deem proper. Code, § 1548. 

See- pp. 65-6, 102, 116-7, 149-50, 160, 166-7, 184, 187, 196. 

The General Alumni Association (successor of the Society 
of Alumni) of the University of Virginia is a corporation with 
the franchises, powers and rights specified in its charter as 
amended December, 1907 ; which include the right to define 
its qualifications for membership and to admit members ; to 
define and determine the status of local alumni associations as 
constituent parts of the general association, fix their repre- 
sentation and voting power in its meetings and proceedings, and 
to appoint an executive committee to manage its affairs, sub- 
ject to such regulations as it may prescribe. Act 1910. p. 389. 

Virginia Military Institute 
Administration — 

The Virginia Military Institute is governed by a board of 
visitors composed of the adjutant general, the superintendent 
of public instruction and nine other persons, together forming 
a corporation under the name and style of ^'The Virginia Mili- 
tary Institute," subject at all times to control by the General 
Assembly. The visitors are appointed by the governor, subject 
to confirmation by the Senate, to serve for terms of four years ; 
three always to be selected from the grand division of the State 
in which the institute is located, and two from each of the other 
grand divisions. Vacancies for unexpired terms are filled by 
the governor, subject to ratification or rejection by the Senate 
at its next session. TsTew appointments must be made six 
months before the expiration of the respective terms. Code, §§ 
1563, 1564. 

Organization, Powers, and Duties of Board of Visitors — 

At least one meeting a year must be held at the institute, and 
the board may be called together at such other times and places 
as in the judgment of the superintendent of the institute or the 
president of the board may be necessary, notice thereof to be 
given every member. Code, § 1565. 



78 VIRGINIA LAWS CONCERNING EDUCATION 

At the first meeting after the 1st of January in each year, 
it is the duty of the board to appoint a president from its own 
number, and a secretary, and annually to appoint a treasurer 
and require from him a sufficient bond of not less than $15,- 
000.00, conditioned upon the discharge of his duties of office. 
The treasurer is required annually on or before the 1st of 
October to make a detailed report of his accounts to the Board 
of Education, to be by it reported to the General Assembly. 
(See Code, § 1637, and p. 187, ante.) It is the duty of the 
State Board of Education to cause a careful examination of 
his accounts and a full settlement thereof to be made once ^ a 
year. Vacancies in these offices are filled by the board, and m 
the temporary absence of the president or secretary the board 
has power to appoint substitutes pro tempore. 

The board of visitors has further powers and duties as 
' follows : 

To sue and be sued for. any cause or matters which have here- 
tofore arisen as well as for any which may hereafter arise. 

To appoint professors to give instruction in military science, 
and in such other branches of knowledge as it may deem wise, 
fix their salaries, and, upon a concurrence of a majority of the 
whole board, remove them for good cause, communicating to 
the governor a full statement of the reasons upon which the 
removal was made. It may likewise appoint such other agents 
and employees as it may deem proper. Code, § 1572. 

To make by-laws and regulations for its own government and 
the management of the affairs of the institute. For the pur- 
pose of transacting such business as in its opinion can properly 
be transacted by a less number than a majority, it may author- 
ize not less than four members to constitute a quorum. Code, 
§ 1566. 

Section 1564 provides for a board of eleven members, and that 
'•five members of said board shall constitute a quorum for business. 

To cause the arsenal and all its grounds and buildings 
(which are considered as belonging to the institute) and all 
arms and other property therein, or belonging thereto, to be 
guarded and preserved, and to annually inspect the public arms 
and other property at the arsenal and mal^e report of their con- 
dition and of the condition of the school, to the governor, to be 
by him laid before the General Assembly. Code, §^ 1567, 1583. 
See § 1637; p. 187, post. 



ADMINISTRATION OF STATE INSTITUTIONS 79 

To prescribe the terms upon which pay cadets may be ad- 
mitted to the institute, their number, the course of their in- 
struction, the nature of their service, and the duration thereof, 
and admit the State cadets provided for in § 1575, as stated on 
pp. 66-7, ante. Code, §§ 1574, 1575. 

After examination upon such of the branches of the arts and 
sciences and of literature taught at the institute as the board 
may deem requisite, the governor, and the board of visitors and 
faculty of the institute may confer the degree of graduate upon 
any cadet found qualified to receive it. Code, § 1581. 

The superintendent may enlist musicians for service at that 
post, to be provided for out of the annual appropriation. Code, 
§ 1584. 

The Virginia Agricultural and Mechanical College and 

Polytechnic Institute 
Administration — 

The V. P. I. is governed by a board of visitors composed of 
the superintendent of public instruction, the president of the 
board of agriculture, and eight other persons, selected from 
amongst farmers, mechanics and graduates of the college, and, 
if practicable, two from each of the four grand divisions of the 
State, together forming a corporation under the name and style 
of the ^'Board of Visitors of the Virginia Agricultural and 
Mechanical College and Polytechnic Institute," at all times 
under control of the General Assembly. The visitors are ap- 
pointed by the governor, subject to confirmation by the Senate, 
to serve for terms of four years, l^ew appointments must be 
made six months before the expiration of the respective terms. 
Vacancies for unexpired terms are filled by the governor, sub- 
ject to ratification by the Senate at its next session. Should any 
visitor fail to perform the duties of his office for one year with- 
out sufiicient cause shown to the board, his place must be de- 
clared vacant, and filled bv the governor as other vacancies are 
filled. Code, §§ 1591, 1592, 1594. 

Organization, Powers, and Duties of the Board of Visitors — 

It is the duty of the board to appoint from its own number 
a rector, who must preside at its meetings, and a clerk. In the 
absence of the rector, it appoints a presiding officer pro tempore. 
A majority of the board constitutes a quorum. Code, § 1593. 

It is required to meet at least once a year at Blacksburg, and 
at such other times and places as it may determine. Special 



80 VIRGINIA LAWS CONCERNING EDUCATION 

meetings may Iv ealled by the governor, the rector, or any 
three members of the board. Notice of the time and place of 
meeting must be given to every member. Code, § 1595. 
The board has the further powers and duties: 

To appoint a president of the institution, and such pro- 
fessors and other agents or servants as it may deem proper, pre- 
scribe their duties, and, with the assent of two-thirds of the 
members of the board, remove anv of them from office. Code, 
§ 159G. 

To require the treasurer, or other officer in whose hands the 
funds of the college may be placed, to give bond in double the 
amount of the annual income of the college, payable to the Com- 
monwealth, with condition for the faithful discharge of the 
duties of his office. Code, § 1600. See p. 170. 

To care for and preserve all property belonging to the insti- 
tution. Code, § 1596. 

To prescribe the course and mode of instruction and regu< 
late the government and discipline of the students and gen- 
erally in respect to the government and management of the 
institution make such rules and regulations as it may deem ex- 
pedient, not contrary to law. Code, § 1596. 

Demonstration Work — 

The demonstration work of the State, and in its counties, 
is under the control of the Y. P. L, conducted as far as pos- 
sible in connection with the United States Department of Agri- 
culture, and, so far as concerns the boys' demonstration work 
and the girls' canning clubs, in cooperation with the State Board 
of Education. 

The governor is authorized at his discretion to call together 
for conference the president of the V. P. L, the State commis- 
sioner of agriculture, the president of the State Board of Agri- 
culture, the State superintendent of public instruction, the 
director of the Experiment Station at the V. P. I., and the 
State agent in charge of* farm demonstration work, and may 
request the attendance of such officers of the United States De- 
partment of Agriculture as are particularly interested in the 
agriculture of the State of Virginia, to consider how their 
various activities may be coordinated so as to avoid duplica- 
tion, and how each may assist the other in field work so as to 
accomplish the best ])ossible results. Each of the organiza- 
tions re])resented is authorized to enter into proper relation- 



ADMINISTRATION OF STATE INSTITUTIONS 81 

ships with other agricultural activities in the State in a united 
cooperative effort for. the betterment of agricultural conditions 
in Virginia. 

It is the duty of the V. P. I., in exercising its powers over 
the demonstration v^ork of the State, to take great care to select 
demonstration or county agents qualified to do the work, and to 
see that it is properly done in cooperation with, and in relation 
to, the United States Department of Agriculture. Acts ID 14, 
p. 710, Biennial 1914, p. 497. 

Virginia Experiment Station at V. P. I. 

The appropriations for the work of the Virginia Experiment 
Station are expended under the general direction of the execu- 
tive committee of the V. P. I. board of visitors, which is re- 
quired to use the funds for the purpose of paying the necessary 
expenses of conducting investigations and experiments, and 
printing and distributing the results. Acts 1906, p. 386, 
Supplement 1910, p. 683. See also Acts 1908, p. 35, Supple- 
ment 1910, p. 723. 

It is also the duty of the board of control of the V. P. I. 
to protect the domestic animals of the State from all con- 
tagious diseases, within the State and elsewhere, and it is 
authorized and empowered to establish, maintain, and enforce 
such quarantine laws, rules and regulations as it may deem 
proper. Code, § 1599a. 

The College of William and Mary in Virginia 

Administration — 

By Act of March 7, 1906, the College of William and Mary 
transferred to the ownership and control of the State, for edu- 
cational purposes, all its real estate and personal property, and 
the institution is now governed by a board of visitors com- 
posed of the superintendent of public instruction and ten mem- 
bers appointed from the State at large, by the governor, by and 
with the consent and advice of the Senate, who together form a 
corporation under the style of "the College of William and 
Mary in Virginia," vested with all the rights and powers con- 
ferred by the said act (see p. 70), and by the ancient royal 
charter of the college in so far as the same are not inconsistent 
with the provisions of said act and the general laws of the 
State. The visitors are appointed for terms of four years. 
Any vacancy caused by death, resignation, or otherwise, is filled 
by the governor, by and with the consent of the Senate. 



82 VIEGINIA LAWS CONCERNING EDUCATION 

Organization, Powers, and Duties of the Board of Visitors — 
The board has the following powers and duties : 
To appoint a president and all professors, teachers and agents, 
and fix their salaries; to control and expend the college funds 
and any appropriations provided for it ; to care for and pre- 
serve its property ; to make all needful rules and regulations 
concerning the college, and generally direct its affairs. 

To confer degrees, and prescribe rules for the examination 
and admission of pupils applying for normal instruction, re- 
quiring each pupil taking the normal course, and receiving free 
of charge for tuition the privilege of the collegiate course, to 
give satisfactory assurance of his intention and willingness to 
teach in the public schools of the State for at least two years 
after leaving the college. Acts 1906, p. 94, Supplement 1910, 
p. 573. 

The Medical College of Virginia 

Administration — 

The Medical College of Virginia was incorporated in 1854, 
with a board of nineteen visitors named in the charter. The 
power is reserved to the General Assembly to modify, alter, or 
repeal the charter, and the governor is empowered to fill any 
vacancy that may occur in the board by reason of death, resigna- 
tion, or otherwise. 

In the case of Lewis, et al., v. Whittle, 77 Va. 415, it was 
held that this college is a public corporation and the visitorial 
authority is in the State; that the power of removing and ap- 
pointing visitors is reserved in the charter to the legislature and 
has not been granted to the governor. The governor can only 
fill vacancies which occur. 

The college is governed by this board of nineteen visitors, 
forming a corporation under the name and style of ^^The 
Medical College of Virginia." Code, § 1651. 

The State Normal School for Women at Farmville 
The State Normal School for Women at Harrisonburg" 
The State Normal School for Women at Fredericksburg 
The State Normal School for Women at Radford 

Administration — 

The four State Normal Schools for Women are all governed 
by one board of visitors, created by Act of 1914 (p. 567, 
Biennial 1914, p. 461), composed of twelve members, ap- 



ADMINISTEATION OF STATE INSTITUTIONS 83 

pointed by the governor, subject to confirmation by the Senate; 
one from each congressional district and two from the State 
at large, together with the superintendent of public instruction, 
ex officio, forming a corporation known as the "Virginia 
Normal School Board." The visitors are appointed to serve 
for terms of four years, except that at the first appointment 
one-half of the members were appointed for two years and the 
other half for four years. Vacancies for unexpired terms are 
filled by the governor, subject to confirmation by the Senate. 

The governor, in his discretion, has all the rights and privil- 
eges of a member of this board, which succeeded to all the 
property, rights, duties, contracts and agreements theretofore 
vested in the boards of trustees of the State Female Normal 
School (now the State Normal School for Women) at Farm- 
ville, and the State Normal and Industrial Schools for Women 
(now the State Normal Schools for Women) at Harrisonburg, 
Fredericksburg, and Radford. 

The said board is given full authority by said act to manage 
and control all four of the said institutions. Six members 
constitute a quorum. It is its duty, and it has the power: 

To appoint, within the limits of available funds, such officers, 
teachers, and employees as it may deem necessary, and remove 
any of them at any time for cause. 

To safeguard their funds, distributing all appropriations by 
the State in a careful and economical manner, and prepare all 
budgets to be presented to the General Assembly and make 
recommendations for maintenance and enlargement, as the 
needs of the schools demand. 

To fix the necessary entrance requirements and courses of 
study, preventing unnecessary duplication of work in the four 
schools, and providing for the correlation of their work with 
each other and with the primary, grammar and high schools of 
the State and grant certificates of graduation. 

To appoint such committees of its members and employees as 
in its judgment may be necessary for the proper government of 
the schools, separately or collectively; and in its discretion it 
may constitute the presidents of the respective schools an execu- 
tive council or committee on courses of study, entrance require- 
ments and proper correlation of the work of said schools with 
each other and with the public school system of the State, and 
it is the duty of the said president upon request of the board to 
meet and confer with it in an advisory capacity. They may 



84 VIRGINIA LAWS CONCERNING EDUCATION 

serve on any committees of the board, but may not vote in its 
meetings. 

For powers and duties of the boards of visitors to which the 
Virginia Normal School Board succeeded, see Code, §§ 1609- 
1612, inclusive, Acts 1908, p. 427, and Acts 1910, p. 176. 

The Virginia Normal and Industrial Institute 
Administration — 

The Virginia Normal and Industrial Institute is governed 
by a board of visitors composed of the superintendent of public 
instruction and four qualified persons, together forming a corpo- 
ration under the name and style of the "Virginia Normal and 
Industrial Institute," under the supervision and control of the 
State Board of Education, and no action of the said board of 
visitors is valid until approved by the Board of Education. 
The visitors are appointed by the governor by and with the 
consent of the Senate, to serve for terms of four years. During 
the recess of the General Assembly, the Board of Education 
has power, subject to approval by the Senate at its next ses- 
sion, and after reasonable notice, to remove any member of the 
board of visitors for good cause, the grounds of removal to be 
entered upon the records of the board. 

The institute and all its property and funds are at all times 
and in all things under the control of the General Assembly. 
Code, g§ 1613,^1616, 1635, 1636. 

Organization, Powers, and Duties of Board of Visitors — 

At least one meeting a year must be held at the institute, and 
other meetings at such other times and places as the board may 
determine, and special meetins^s on call of the rector of the board 
or of the governor of the State. A majority constitutes a 
quorum. It must appoint a rector from its own body to pre- 
side over the meetings ; a secretary to record, attest, and pre- 
serve its proceedings, who may receive a nominal salary for 
his services to be fixed by the board ; a treasurer, and prescribe 
his duties and fix the amount of his bond at not less than 
$15,000.00, conditioned for the proper accounting and paying 
over all moneys and other things committed to his custody 
(see p. 170. Code, § 1613(4) ) ; and an executive committee 
for the performance of such duties as the board may prescribe. 
The said board of visitors has powers and duties as follows: 
To appoint a president of the institute, and all professors, 
teachers and necessary agents and employees, prescribe their 



ADMIN'ISTEATION OF STATE INSTITUTIONS 85 

duties, fix their salaries or compensation, including the secre- 
tary and treasurer of the board, and, a majority of the board 
concurring, remove any of them from office or position. 

To prescribe the terms upon which students, other than State 
students, may be admitted, specifying especially the charges for 
tuition and board. 

To establish rules and regulations for the discipline of all 
students admitted to the institute. 

To prescribe the course of study in the several departments, 
fix the length of the scholastic term, and the number of terms 
to be occupied by the course of study in each department. 

To examine into the conduct and management of the school, 
the fidelity and efficiency of the officers and employees, the 
methods of instruction employed, the progress of the students, 
and grant such honorary testimonials as may be deemed ex- 
pedient. 

To disburse the funds belonging to the institute, and inspect 
annually, and as much oftener as is deemed necessary, all 
buildings, lands, and other property thereof, provide for its due 
care and preservation, and have made and kept on file an in- 
ventory of all such • property, real and personal, showing its 
value and condition, and in general to direct and do all thinga 
not inconsistent with the laws of the State which in its judg- 
ment may be best adapted to accomplish the legitimate objects 
of the institution, making such by-laws, rules, regulations, 
orders, and instructions to this end as it may deem proper. 

To make the annual report required of State institutions of 
learning. See pp. 73, 101-2, 124, 150-1, IGO, 185, 187, 196, 
and Code, § 1637. 

Code, § 1613. 

Hampton Normal and Agricultural Institute 
Administration — 

The funds appropriated to this institution, as set forth in 
§ 1586 of the Code, and on pp. 119, 124-5, are administered by 
a board of six citizens of Virginia, appointed by the governor, 
as curators of said funds, three of whom must be of African 
descent. Code, § 1602. 

It is the duty of the said curators to appoint a treasurer, 
and allow him reasonable compensation, and require him to 
enter into bond in a penalty at least double the amount of the 
annual income which may arise from the proceeds of the land 
scrip apportioned to said institute, conditioned for the faithful 



86 VIRGINIA LAWS CONCERNING EDUCATION 

discharge of the duties of his office. Code, § 1604. See also 
pp. 73, 101-2, and Code, §§ 1605, 1606. 

Reports 
Monthly Reports — 

The managing boards of colleges and universities are required 
to report monthly to the auditor of public accounts, in detail, 
the manner in which all funds received from the Commonwealth 
are disbursed. Any officer or employee who interferes in any 
manner with carrying out this provision shall be deemed guilty 
of malfeasance and upon conviction shall be removed. Acts 
1908, p. e381. Supplement 1910, p. 795. 

Annual Reports — 

It is the duty of the president or chairman of the board of 
visitors, or trustees, of every State institution educational in 
its character to cause to be made out by its proper officer and 
forwarded to the office of the superintendent of public in- 
struction, on or before the first day of October in each year, in 
time to be embodied in his report to the Board of Education, to 
be by that body laid before the General Assembly, a report for 
the year ending the 30th of June preceding, giving in detail 
all facts in connection with the faculty, students, courses, and 
methods of instruction, financial affairs, and all other facts 
concerning its administration, condition and progress. 

All other acts, or parts of acts, requiring reports of such insti- 
tutions to be otherwise made, are by this act repealed. Code, 
§ 1637. 

See the following sections of the Code making somewhat 
different provisions for annual reports of State institutions 
educational in character: 1550, U. Va. ; 1571, 1583, V. M. I. ; 
1606, V. P. I. and Hampton; 1613(5-h), Va. K & I. I.; 1657, 
221, Va. School for Deaf and Blind: Acts 1906, p. 94, College 
of AV. & M. ; Acts 1906, p. 248, Va. State School for Colored 
Deaf and Blind Children; Acts 1914, p. 567, Va. ^^ormal 
School Board; Acts 1908, p. 430, State Students Loan Fund. 

Section 221 of the Code requires the officers of the executive 
department at the seat of government and su]ierintendents and 
boards of State institutions to make reports to the governor in 
writing, under oath, in such form and with such particulars, 
and upon such subjects relating to their respective offices and 
institutions, as he may require, at such times as may be pre- 
scribed by law or demanded by the governor. 



DEFECTIVE, DEFICIENT AND DELINQUENT CHILDREN 87 



CHAPTER V 



STATE SCHOOLS FOE THE DEFECTIVE, DEFICIENT, 
AND DELINQUENT. LAWS FOR THE PROTECTION OF 
DESTITUTE OR ORPHANED CHILDREN 



STATE SCHOOLS FOR DEFECTIVE CHILDREN 

The Virginia School for the Deaf and the Blind, 
Located at Staunton 

This institution includes one school for the education of 
deaf mutes and another school for the education of the blind, 
which must be kept separate and distinct. 

To the extent of the means of the institution the pupils are 
selected, in such manner as the board of visitors may prescribe, 
from among such persons in the State as are unable to pay for 
maintenance and support, and also from among other persons, 
residents of the State, on such terms for their maintenance 
and support as may be agreed upon. There may be no charge 
made for the education of pupils. Code, § 1658. 

Administration — 

The institution is governed by a board of visitors, composed 
of the superintendent of public instruction, ex officio, and six 
other persons, appointed by the governor, by and with the con- 
sent of the Senate, together forming a corporation under the 
name of the "Virginia School for the Deaf and the Blind.'' 
The visitors are appointed for a term of four years. Vacancies 
occasioned otherwise than by expiration of term of office are 
filled by the governor for the unexpired term, subject to ratifi- 
cation or rejection by the Senate, at the next session of the 
General Assembly. Code, §§ 1652, 1653. 

Organization, Powers, and Duties of the Board of Visitors — 

The board of visitors organizes by the appointment of one of 
its number as president of the board, and the election of a 
sccretaiy whose duty it is to keep an accurate record of the 
proceedings of the board, and of its executive committee, should 



88 VIRGINIA LAWS CONCERNING EDUCATION 

one be created. One annual meeting must be held, in June, 
and intermediate ones at such times and places as the board 
may determine. A special meeting may be called at any time 
by the president or any three members, i^pon due notice of the 
time and place given to all members. The fiscal year ends 
September 30th, and reports are required to be made under the 
general provisions for State institutions educational in char- 
acter (Code, § 1637, p. 187, ante) and also under Code, § 221. 
Code, §§ 1654, 1656, 1657. 

The board has the following powers and duties, specifically 
fixed by law : 

To erect, preserve and repair the buildings of the institution, 
and care for its property. 

To elect a superintendent, professors and all other officers, at 
the annual meeting in June in every other year ; selecting them 
with reference to fitness, sobriety, and literary and business 
qualifications. 

To provide rules and regulations for governing the institu- 
tion, setting forth the duties of its officers and employees, and 
cause them to be posted in various places about the buildings 
and premises. 

To remove at any time any officer or employee elected or ap- 
pointed by it ; entering upon the records of the board the order 
of removal and the cause therefor. 

Code, §§ 1655, 1656a. 

The Virginia State School for Colored Deaf and Blind Children, 
Located at Newport News 

In this institution there are two separate and distinct de- 
partments, one for the deaf and dumb children, and one for the 
blind children, of the colored race, who cannot be educated in 
the ordinary public schools of the State, and whose parents or 
guardians are residents of Virginia. There is no charge for 
the education of colored children so afflicted whose ])a rents or 
guardians are residents of the State. 

Administration — 

The institution is governed by a board of five visitors, ap- 
pointed by the governor to serve for a term of four years, to- 
gether forming a corporation under the style and title of ''The 



DEFECTIVE, DEFICIENT AND DELINQUENT CHILDREN 89 

Board of Visitors of Virginia State School for Colored Deaf 
and Blind Children," subject at all times and in all things to 
control of the General Assembly. 

Organization — Powers — Duties of the Board of Visitors — 

As such corporation the said board is given the right to use 
a common seal, to plead and be impleaded, in all courts of 
justice, and in all cases in which the interests of the school are 
involved. 

The board of visitors organizes by the appointment of one 
of its members as president, and the appointment of a secretary, 
not a member of the board, whose duty it is to keep an accurate 
record of its proceedings. The board also appoints an execu- 
tive committee, composed of three of its members, to meet 
every sixty days ; the secretary of the board acting also as secre- 
tary for this committee. 

The board is required to hold one annual meeting and such 
intermediate ones as may be necessary. A majority of the 
''board of the executive committee" constitutes a quorum. The 
fiscal year ends the 30th of September, and annually on the 
1st of October the board is required to deliver to the second 
auditor its report to the General Assembly, showing the con- 
dition of the school and its receipts and disbursements for the 
fiscal year. (See Code, § 1637, p. 187, ante.) 

The board has the following powers and duties specifically 
fixed by the Act of Assembly creating the institution: 

To erect, preserve, and repair the buildings of the institu- 
tion, and care for its property. 

To elect a superintendent, choosing him with due regard to 
his knowledge of the methods and systems for educating the 
deaf and dumb and the blind, and on account of his sobriety 
and general fitness for the position. He is required to give 
such information as the board of visitors may need, and to be 
consulted and advised with in all things pertaining to the wel- 
fare of the school. 

To elect such professors, officers, or agents as may be neces- 
sary or expedient for promoting the objects of the institution, 
paying due regard to the sobriety, knoAvledge and general fit- 
ness of each and every person so selected, and to remove at any 
time, for cause, any officer or employee elected or appointed by 
it, recording the cause of removal and a copy of the order. 
Acts 1906, p. 248, Supplement 1910, p. 656. 



90 VIRGINIA LAWS CONCERNING EDUCATION 

SCHOOLS FOR DEFICIENT CHILDREN 

The State has made no special provision for the education of 
deficient children, except so far as local school authorities, en- 
couraged by the State Board of Education, have added special 
schools for them as a part of the regular public free school 
system. An appropriation was, however, made in 1914, for a 
building, containing a schoolroom, at the Virginia Epileptic 
Colony, near Lynchburg, where the State institution for the 
feeble-minded is also located. See Acts 1914, p. 335 — appro- 
priating the public revenue. 

Note. — A school is conducted in the said school room, and a 
teacher paid, at the expense of the funds appropriated to said insti- 
tutions for general support. 

SCHOOLS FOR DELINQUENT CHILDREN 

The Virginia Home and Industrial School for Girls, Located in 

Chesterfield County 

This institution has for its object the custody, care and train- 
ing of vicious and incorrigible white girls ' between eight and 
eighteen years of age, in the effort to prevent their commitment 
to the jails and prisons of the Commonwealth. 

It was incorporated first under private control, but received 
State aid from the beginning, and for the years 1912-13 and 
1913-14, State aid was given to a public free school on the 
grounds. See p. 113. 

At the 1914 session of the General x\ssembly, the authorities 
of the institution offered to convey to the State all of its prop- 
erty, consisting of a tract of 206 acres of land in Chesterfield 
County, with the buildings and furnishings and equipment 
thereon, upon the following conditions: 

(1) That the operation of the home be continued in accord- 
ance with its chartered purposes — set forth above. 

(2) That the State assume, within a limit of $1,500.00, 
all indebtedness of the institution as of the 1st of March, 1914, 
in excess of the $24,000.00 previously appropriated. 

By Act of March 12, 1914, it was provided that — the main- 
ton ance of such a home being recognized as a necessity — the 
institution be taken over upon the conditions stipulated, and 
oy^erated and maintained, either separately, as a State Insti- 
tution at the same location, or elsewhere, or in connection with 



DEFECTIVE, DEFICIENT AND DELINQUENT CHILDREN 91 

some other State institution, and governed by a board of not 
less than ^ve visitors, appointed by the governor, subject to 
confirmation by the Senate, for a term conforming to the term 
of trustees of the State hospitals (six years). 

This board has authority to make sale of the property in 
Chesterfield County, and locate the institution elsewhere, if, in 
the judgment of the governor and the board, such a course is 
advisable; or, if in their judgment advisable, to locate it on 
the property of some other State institution, in which case it 
is thereafter to be governed by the board and officers of such 
institution. Acts 1914, p. 276, Biennial 1914, p. 424; pp. 113, 
127-8. 

The Industrial Home School for Wayward Colored Girls, Located in 

Hanover County 

This institution has received State aid upon condition that 
any court, judge or justice in the State might have admitted to 
its custody and control wayward, incorrigible or vicious colored 
girls, between twelve and eighteen years of age ; the State al- 
lowing to the home fifty cents for the first entry of each girl, 
and 30 cents per day for her maintenance thereafter, within the 
limits of the total appropriations made by the State as shown 
on p. 128. See Act Appropriating the Public Revenue, Acts 
1912, pp. 237-273. 

Public Free School at Laurel Reformatory, Located at Laurel, 

Henrico County 

Act of 1908, p. 688, provides for the erection and equipment 
of a public free school on the grounds of the Prison Association 
at Laurel, Henrico County, for the exclusive benefit and use of 
the boys and youths confined there. 

The pupils are required by law to attend school at least three 
hours a day, except Saturdays and Sundays, and the Prison 
Association may permit them to attend for a greater period. 
The school is under the control of the State Board of Educa- 
tion, except that the discipline of the pupils is maintained by 
the Prison Association, but with the above exception nothing 
in said act is to be construed as taking away from that associa- 
tion any authority or control over the boys and youths at the 
reformatory. 

See Code, § 4l73d; Acts 1908, p. 688. This act does not 
appear in Supplement 1910. See pp. 112-6. 



92 VIRGINIA LAWS CONCERNING EDUCATION ; 

Public Free School at the Negro Reformatory Association, in 

Hanover County 

Act of 1910, p. 327, provides for the establishment of a pub- 
lic school on the grounds of the Xegro Reformatory Associa- 
tion, in Hanover County, for the exclusive benefit of the boys 
and youths confined in the institution at that place known as 
the ^'Negro Reformatory Association of Virginia," upon the 
same conditions, both as to control and discipline, stated above 
for the Laurel Reformatory. Code, § 4l73e; Supplement 1910, 
p. 910. 

LAWS FOR THE PROTECTION OF DESTITUTE OR 
ORPHAN CHILDREN 

How a Minor Child May be Placed in an Asylum or School 

Any minor may be placed by his guardian, or, if none, by his 
father, or, if he has neither father nor guardian, by his mother, 
for such time as may be agreed in writing, in any incorporated 
association, asylum, or school instituted for the support and 
education of destitute children, which institution thereupon 
becomes entitled to the custody of him for the stipulated period, 
and may bind him an apprentice until its expiration. Code, 
§ 2582. 

What a Master Must Teach an Apprentice 

The writing by which any minor is bound an apprentice 
must specify his age, and what art, trade or business he is to 
be taught; and, whether it is expressly provided therein or not, 
the master is bound to teach him reading, writing, and common 
arithmetic and the rule of three. Code, § 2585. 

Duty of Guardian to Provide for Education of Ward 

Every duly appointed guardian is required to provide for 
the education of his ward from the proceeds of such estate be- 
longing to his charge as comes into his possession or under his 
care and management. Code, § 2603. 

The Miller Manual Labor School of Albemarle 

This institution is governed by a corporation composed of 
the members of the State Board of Education, and their succes- 



DEFECTIVE, DEFICIENT AND DELINQUENT CHILDREN 93 

sors, and the second auditor, and his successor, under the name 
of 'The Miller :AIanual Labor School of Albemarle," but its 
benefits are confined to residents of Albemarle County, under 
the 25th clause of the will of Samuel Miller, providing for the 
establishment of "a school in the county of Albemarle for the 
education of as many poor orphan children and other white 
children, residents of the county, as the profits and income of 
the fund so devised will admit of or compass." Code, §§ 1649, 
1650., 1650a; Acts 1876-1877. 



94 VIRGINIA LAWS CONCERNING EDUCATION 



CHAPTER VI 

LIBKAEIES 



The State Library at Richmond 

Section 247 of the Code provides for the maintenance at the 
State capital of a State library, consisting of books, papers, 
records, portraits, and other works relating to the history of 
the State, science, literature, law, and general history, con- 
ducted as a library of reference. 

Administration — 

The State library is governed by a board of five directors, 
forming a corporation under the style of "The Library Board.'' 
They are appointed by the State Board of Education, one each 
year, to serve for a term of five years, under such rules and 
regulations as the law may prescribe. Appointments to fill 
vacancies in the board must be for the unexpired term. Code, 
§ 254. 

The Supreme Court of Appeals has the control and management 
of the law library, which is kept separate from the State library. 
Code, § 254. See also §§ 261-264, inc. 

Organization, Powers, and Duties of the Library Board — 

The library board has been given the following statutory 
powers and duties (Code, § 254) : 

To meet and organize by the election of one of its number 
as chairman, and to make such rules and regulations as are not 
inconsistent with law, for the management of the affairs of 
the library, and its use by the people. 

To superintend and direct all expenditures of the library 
funds, and preserve as public records statements of all receipts 
and disbursements. See pp. 185-7, post, for sources of revenue 
and regulations governing disbursement of library funds. 

To appoint a librarian and a doorkeeper. The board may 
also appoint an assistant librarian, a stenographer, and such 
other employees as may be authorized by law, and in addition 
such expert cataloguers as may be necessary to properly classify 



LIBRARIES 95 

and catalogue the contents of the library. The terms of office 
of the librarian and all other employees are at the pleasure of 
the board. 

The librarian has charge of the library, and is required to 
give his attention and attendance to it, carrying out and en- 
forcing the rules made therefor by the General Assembly and 
the library board. As secretary of the board, it is his duty to 
keep in neat and accurate manner the required records of all 
its proceedings, the itemized accounts of its receipts and dis- 
bursements the law demands, and an itemized memorandum of 
all purchases, or contracts for purchases, made, and of all books 
and documents given or received, as gifts, or in exchange. 
Code, § 257. 

The doorkeeper assists the librarian in the discharge of his 
duties, and performs such other duties as may be required of 
him by the board. Code, § 259. 

Additions to the Library — 

By deposit of State records of historical value. — Such records 
of the several departments of the State government as are con- 
sidered of historical value must, with the consent of the head 
of the department concerned, be deposited and preserved in the 
State library. But all such records now or hereafter deposited 
are deemed to be in the custody of the officer from whose pos- 
session they were transferred, who must be given free access 
to them, and who alone has authority to remove them from the 
library. Code, § 255. 

Five copies of the Acts of Assembly must be delivered to 
the State library by the superintendent of public printing as 
soon as practicable after the end of each session of the legis- 
lature. Code, § 279. 

By deposit of publications of municipalities and State insti- 
tutions. — The mayor of each city and town in the State is re- 
quired to send regularly, at the time of publication, to the State 
library, two copies of each official publication ; and, where the 
supply is not exhausted, two copies of those of former years; 
including printed reports in pamphlet and book form, ordi- 
nances and other publications. And each institution of learn- 
ing and eleemosynary institution receiving any appropriation 
from the State is required to furnish the State library with 
two copies of all its publications. One set must be retained as 
a permanent deposit at the library and not issued for circu- 
lation outside. Acts 1912, p. 639, Biennial 1912, p. 360. 



96 VIRGINIA LAWS CONCERNING EDUCATION 

By purchase.— It is the duty of the library board annually 
to ]irocure such books in literature, science and the arts, and 
such maps and charts as may seem to it desirable, and especially 
to cause to be procured from time to time, as opportunity may 
offer, a copy of any book, pamphlet, manuscript, work of art, 
or relic, relating to the history of Virginia, not now in the 
library, which can be obtained on reasonable terms. Code, 
§§ 254, 255. 

By exchange. — It is the duty of the library board to arrange 
for the exchange of the Virginia publications with as many of 
the States and institutions as possible ; with the general govern- 
ment, and with other governments, with societies and others, as 
it sees fit, placing all exchanges received in the State library, 
except that all statutes and law books received must be trans- 
ferred to the law library. 

It may also arrange for the exchange of any or all duplicate 
material now or hereafter the property of the State library; 
provided such exchanges result in the acquirement of publi- 
cations or manuscript material necessary to the improvement 
of the institution. Code, §§ 249, 254. 

By loans. — It may arrange for loans with the library of 
Congress, and other libraries which grant a like privilege to 
the Virginia State library. Code, § 249. 

By gift. — The said library board is likewise empowered to 
acquire such books, maps, portraits, relics, records, etc. by 
gift, as well as by purchase, exchange, and loan. Code, § 254. 

By publication. — It is the duty of the library board, and 
it has the power, to cause the records pertaining to the Revo- 
lutionary War, the War of 1812, the Mexican War and the 
Civil War to be edited, arranged and published so as to show 
the service of citizens of the States in those wars, and to cause 
to be printed any manuscript relating to the history of Vir- 
ginia which has not been published, including such portions of 
the executive journals and letter books, and of the legislative 
papers, as it may deem proper to print in the calendar of State 
papers, causing the legislative papers which are to be printed 
to be arranged for that purpose and preserved for reference. 
Code, § 256. 

Donations made by the State Library — 

The library board may send to any university, college or pub- 
lic library, or societies, copies of State publications. Code, 
§ 249. 



LIBRARIES 97 

When State Library is Open — 

The library is required to be kept open from nine in the 
morning until five in the afternoon every day in the year, ex- 
cept Sunday and such other days as the board, in its discretion, 
may name for it to be closed. Code, § 258. 

By Whom State Library May be Used — 

The State library may be used, under such rules and regu- 
lations as the board may prescribe, by the judges of the Su- 
preme Court of Appeals, the governor, lieutenant governor, 
reporter of the Court of Appeals, members of the General 
Assembly during the sessions thereof, and other State officers 
at the capital, and such other persons as the library board may 
deem fit ; but no manuscript or record of any kind, and no book, 
portrait, or relic of rare or historic value may be taken away 
from the library room by any one, and no book may be kept out 
for more than two weeks. Code, § 260. 

Injury or Destruction of Library Property — How Punished — 

The penalty for wilfully, maliciously or wantonly injuring 
or destroying any property belonging to the State library is a 
fine of not less than $5.00 nor more than $500.00 (one-half 
to the informer upon conviction of the offender), or by im- 
prisonment in jail not exceeding six months. 

Any person wilfully and without authority removing books 
is guilty of larceny and subject to a fine of not more than 
$500.00, or imprisonment not exceeding twelve months. 

Failure to return a book or other property of the library 
within two weeks after receiving written notice from the li- 
brarian is a misdemeanor, punishable as such according to 
law. If, however, such book has been lost ^or destroyed, its 
value, as determined by the library board, may be paid within 
thirty days. Code, § 260a. 

Traveling Libraries — 

The State library board has ]wwer to establish and equip 
''traveling libraries," to be supplied with books bought for the 
purpose or donated to the board, which may be loaned for a 
limited time to any free library in the State, or to any com- 
munity in any county of the State upon request in writing by 
ten taxpayers therein, guaranteeing the ])ro])er care and safe 
return to the State library of any book so loaned. The books 
purchased for traveling libraries may also be loaned to any 



98 VIRGIJNIA LAWS CONCERNING EDUCATION 

public school in Virginia under such rules as may be pre- 
scribed by the library board. 

This State system of traveling libraries is under the direct 
supervision and control of the directors of the State library, 
but in the selection of books for the libraries loaned to public 
free schools the list adopted must be approved jointly by the 
library board and the State Board of Education. Code, § 254; 
Acts 1906, pp. 209, 211. 

Public Free School Libraries 

Whenever the patrons or friends of any public free school 
raise by private subscription the sum of $15.00 and tender it 
to the clerk of the school board for the establishment of a li- 
brary connected with said school, the district school board is 
required by law to provide an equal amount; except that no 
district board may be obliged to appropriate money for more 
than five such libraries in any one vear. 

The books for each library must be selected from lists 
approved by the State Board of Education by '^one competent 
person well versed in books,'' appointed by the district school 
board. The list so prepared for the local library must show the 
price of each book selected. 

As soon as the appropriation has been made and the list of 
books prepared, as above stated, it becomes the duty of the 
clerk of the district school board to forward to the division 
superintendent an order for the books, with a warrant for not 
less than forty dollars, payable to the book contractor or dealer 
designated by the State Board of Education. Thereupon, the 
division superintendent is required to forward the order and 
the warrant, with an application for State aid, to the Depart- 
ment of Public Instruction. Upon receipt whereof, the State 
Board of Education must remit to the treasurer for the dis- 
trict in which the school applying for aid is situated, the sum 
of $10.00 as the State's contribution to the library, and send 
forward the order for books, accompanied by the warrant, to be 
filled by the proper book dealer. 

It is the duty of the district school board to appoint an 
"intelligent person" as manager for each library established, 
and upon application of the manager to furnish a neat book- 
case, with lock and key. 

Local managers must carry out such rules and regulations 
for the proper use and preservation of the books as the State 



LIBRARIES 99 

Board of Education may prescribe, and, under rules and regu- 
lations so prescribed, may be permitted to exchange libraries. 
Acts 1914, p. 138, Biennial 1914, p. 326. 

Public Free Libraries and Reading" Rooms in Cities and 
Incorporated Towns 

The council of every city or incorporated town has power to 
establish and maintain a public library or reading-room, to be 
governed by a board of nine directors, appointed by the mayor, 
with the approval of the council, and chosen from the citizens 
at large, with reference to their fitness for such office. Not 
more than one member of the council may at any one time be 
a member of such board, and he must be the chairman of the 
council's committee on finance. The city superintendent of 
public schools must also be a member of the board. The terms 
of office of the first directors chosen must be as follows: one- 
third to serve for one year, one-third for two years, and one- 
third for three years, from the date of their appointment, and 
at their first regular meeting they must cast lots for their re- 
spective terms. Annually thereafter the mayor must appoint, 
with the approval of the council^ three directors to take the place 
of those retiring, to serve for three years and until their suc- 
cessors are appointed. The mayor, by and with the consent of 
the council, may remove any director for misconduct or neglect 
of duty. Vacancies are filled in the same manner as original 
appointments are made. 

The board of directors so constituted is legally known and 
designated as the ''board of directors of the public library (or 

free reading-room) of the city (or town) of ," 

and has, among other rights and powers, the power to purchase 
or lease ground, to occupy, lease or erect an appropriate build- 
ing, or buildings, for the use of such library or reading-room, 
and to take property, real or personal, by gift, grant, or de- 
vise. Code, § 1043a. 



100 VIRGINIA LAWS CONCERNING EDUCATION 



CHAPTER VII 

MISCELLANEOUS PEOYTSIONS OF THE LAAY CONCERN- 
ING EDUCATION, AND EDUCATIONAL INSTITUTIONS 
AND AGENCIES— STATE, LOCAL, AND PRIVATE 



The Incorporation of Educational Institutions 

Any niimber of persons, not less than three, may, under the 
provisions and subject to the requirements of § 1105d of the 
Code, associate to incorporate a college, an alumni association, 
a literary society, or any organization of a like or similar char- 
acter in which no capital stock is required to be issued. As 
soon as the charter applied for has been granted, they and their 
successors, and such other persons as may be associated with 
them, according to the provisions of the law, or of their charter, 
become a body politic and corporate, with all the powers of like 
corporations ; among others, the right and power to take and 
hold, by gift, purchase, grant, devise or bequest, any property 
— real, personal, or mixed — and dispose of the same at pleasure ; 
except that no such corporation in its corporate capacity may 
hold real estate the yearly income derived from which exceeds 
$50,000.00. * 

Whenever the principal objects and purposes for which such 
a corporation was formed fail, or its management is abandoned 
by its trustees, directors or managers, it is lawful for the court 
having jurisdiction to wind up its aifairs and dissolve it, making 
such disposition of its assets as may be just and equitable; and 
if there be any surplus to which neither creditor, member, or 
any other person is equitably entitled, it is the duty of the 
court to direct the payment of such surplus into the literary 
fund. Code, §§ 1105d, 1105e. 

Playgrounds in Cities and Towns 

By Act approved March 16, 1910, the General Assembly 
provides that every city or town with a population of 10,000 or 
more, acceptincf the provisions of the said act, shall provide 
and maintain at least one ])ublic playground conveniently lo- 



MISCELLANEOUS PROVISIONS 101 

cated and of suitable size and equipment for each race, white 
and colored, for the recreation and physical education of the 
minors of such city or town, and at least one other playground 
for each race, white and colored, for every additional twenty 
thousand of its population. 

The said act further provides for the appointment of a board 
of playground commissioners, their terms of office, and powers 
and duties ; for the purchase, lease or condemnation of suitable 
lands for public playgrounds and recreation places, and for 
the equipment, conduct and maintenance thereof. Acts 1910, 
p. 377, Supplement 1910, p. 930. 

Promotion of Medical Science 

The professors of anatomy and of surgery, and the demon- 
strators of anatomy, of the University of Virginia and of the 
several colleges and schools of this State authorized by law 
to teach medical science, constitute a board having the power 
and duty of making disposition and delivery of dead human 
bodies to said institutions, for the promotion of medical science. 
Code, §§ 1776, 1778, Ch. 80. 

Small Arms Furnished to Institutions of Learning 

Upon application of the faculty, approved by the board of 
visitors or trustees of any incorporated institution of learning 
in the State in which military tactics are taught, the governor 
may furnish any small arms which can conveniently be spared, 
for use by the pupils of such institution, under regulations pre- 
scribed by the board and approved by the governor. (1874-5.) 
Code, § 380. 

State Publications Furnished Institutions of Learning 

Eight copies of each volume of the published records of the 
decisions of the Supreme Court of Appeals must be furnished 
to each university and college in the State in w^hich a law school 
is established. Code, § 246. 

It is the duty of the secretary of the Commonwealth to 
furnish, out of any surplus copies on hand, one copy each of the 
journal of the Senate and House of Delegates, of the journal 
of the Constitutional Convention, of the Acts of Assembly and 
of the Code, to the University of Virginia and to every other 
incorporated college in the State in which a law school is es- 



102 VIRGINIA LAWS CONCERNING EDUCATION 

tablished, which has not heretofore been furnished, and to 
furnish a copy of the maps published by the State to every 
incorporated college and academy therein. Code, § 250. 

The superintendent of public printing is required to provide 
copies of the Acts of Assembly, as soon as practicable after the 
end of each session of the General Assembly, as follows: one 
copy to the head of each State department and to each division 
superintendent of schools, five copies to the State library, and 
one copy to the University of Virginia, to the Virginia School 
for the Deaf and the Blind, to the Virginia Military Institute, 
and to each college in the State. Code, § 279. 

The superintendent of public printing is required to supply 
to each of the State educational institutions, to other educational 
institutions in the State that maintain libraries, and to public 
libraries in the State, two copies each of the Acts of Assembly, 
Journals of the House of Delegates and Senate, and annual 
reports of the several departments of the government. 

The secretary of the Commonwealth is authorized, so far as 
he can do so without conflicting with the provisions of §§ 279, 
280, to furnish each of such institutions and libraries with com- 
plete sets of annual reports and journals. 

Acts 1908, p. 625, Supplement 1910, p. 846. 

Condemnation of Lands Belonging to Institutions of Learning 

Code, § 944a (7), provides that no road or landing shall be 
established upon or through the lands of any seminary of learn- 
ing without the consent of the owners thereof. 

Code, § 1105f(24), provides that the lands of any university, 
incorporated college or other seminary of learning, not owned 
and conducted by the Commonwealth, are subject to con- 
demnation for the purposes of electric railways and public 
highways ; provided no part of such lands shall be condemned 
which is within 500 feet of any building erected and used for 
school purposes at the time the proceedings are instituted, nor 
land which surrounds the school buildings and is used at such 
time as a campus, park, or athletic ground or field in connection 
therewith. 

See § 1105f(25) and p. 156, post, for rights of condemna- 
tion and exemption from condemnation proceedings of State 
institutions of learning. 



MISCELLAN^EOUS PROVISIONS 103 

Educational Institutions Exempt from Taxation 

See pp. 141-4, post, for list of property, real and personal, 
exempt from taxation. 

Sale of Real Estate 

In all cases where an incorporated educational institution 
owns or holds more than one thousand acres of land in one 
tract, or in several adjoining or contiguous tracts, outside of a 
city or incorporated town, its board of directors or trustees 
may, by a majority vote of all the members, sell and convey all 
of such real estate in excess of 1,000 acres, notwithstanding any 
provision of charter or deed or will or other muniment of title 
under which it is held. The portion sold may embrace both 
land and buildings, as may be determined by the board. Acts 
1908, p. 35, Supplement 1910, p. 723. 

Students' Rights of Suffrage 

No student may be regarded as having either gained or lost 
a residence as to the right of suffrage by reason of his location 
or sojourn in an institution of learning. Const., § 24. 

Exemptions from Jury Service 

While public seminaries are actually in session, all professors, 
tutors and pupils therein are exempt from jury service, except 
service on grand juries. Code, § 3140. 

Protection 
Conservators of the Peace — 

The circuit court having jurisdiction, or its judge in vaca- 
tion, may, upon the application of the duly constituted authority 
of any incorporated college, appoint some citizen of the Com- 
monwealth as conser^^ator of the peace with jurisdiction extend- 
ing over the grounds attached to the university or college, 
within such limits as are prescribed in the order making the 
appointment. Code, § 3929. 

A conservator of the peace so appointed has power to pre- 
scribe such police regulations, not inconsistent with the laws 
of the Commonwealth, as may be expedient for the preserva- 
tion of the peace and good order of the university or college. 



104 VIRGINIA LAWS CONCERNING EDUCATION 

and it is his duty to keep his regulations posted at some public 
place within his jurisdiction. The violation of any regu- 
lation so prescribed and published is punishable as a mis- 
demeanor, and the offender may be required to give bond to 
keep the peace. Code, § 3930. 

Ordinances of Cities and Towns — 

The city council of any city or town has power to adopt any 
reasonable ordinance to prevent any improper interference 
with, or annoyance of, the scholars attending, or boarding at, 
any female school situated therein. Code, § 1038b. 

Penalties and Punishment for Injury to or Destruction of School or 
College Property — 

A penalty not exceeding $300.00, or confinement in jail not 
exceeding 60 days, or both, is imposed by § 3731 of the Code 
for willfully and maliciously injuring or defacing a school or 
college building, or destroying or carrying away furniture be- 
longing to it. 

For maliciously burning a school, academy or college build- 
ing, or maliciously setting fire to anything causing such build- 
ing to be burned, when the value of the building and contents 
amounts to as much as $1,000.00, the penalty is confinement in 
the penitentiary for not more than ten nor less than three 
years ; when of less value, not less than three nor more than 
five years. Code, § 3697. 

Crediting Students or Gambling with Them Prohibited — 

If any money be lent, or advanced, or anything be sold or 
let to, or for the use of, any student or pupil under twenty-one 
years of age, at any incorporated college in this State — or for 
playing billiards, pocket billiards, pool or bagatelle — on credit, 
without the previous permission in writing of his parent or 
guardian, or the authorized officers of such institution, nothing 
may be recovered therefor, and there shall, moreover, be for- 
feited to the institution twenty dollars and the amount or value 
of such money or other thing. 

When such transaction is through an agent, the principal is 
liable, unless, within ten days after it comes to his knowledge, 
he gives notice in writing of the date, nature and amount 
thereof to the head of the institution ; in which case the for- 
feiture is by the agent. 



MISCELLANEOUS PROVISIONS 105 

This section does not apply to a person selling or letting in 
expectation of immediate payment, if within ten days there- 
after he gives notice in writing of the date, nature and amount 
of the transaction, to the head of the institution. 

Code, § 2835. 

Any person liable to forfeiture under the above section is, 
in addition, subject to a fine of not less than $50.00 nor more 
than $300.00, and upon conviction must be bound by the court 
to be of good behavior for one year in a sum of not less than 
$500.00, with at least two sufficient sureties ; any subsequent 
violation to be held a forfeiture of the recognizance. Code, 
§ 2836. 



Part III. 

REVENUES AND PROPERTY 



SOURCES OF STATE REVENUES 109 



CHAPTER VIII 

SOUECES OF STATE KEVENUES FOE THE ESTABLISH- 
MENT, SUPPOET AND MAINTENANCE OF THE 
PUBLIC FEEE SCHOOLS, AND THE STATE EEVENUES 
APPEOPEIATED IN AID OF STATE INSTITUTIONS 
EDUCATIONAL IN CHAEACTEE 



The funds applicable to the establishment, support and main- 
tenance of the public free schools of Virginia consist of State 
Funds, County Funds, and District Funds. Code, § 1506. 

STATE FUNDS 

State school funds come from four sources ; to-wit : 
I. Annual Interest on the Literary Fund 

The State constitution, § 134, provides that the General As- 
sembly shall set apart, as a permanent and perpetual literary 
fund : the present literary fund of the State ; the proceeds of 
all public lands donated by Congress for public free school pur- 
poses, of all escheated property, or all waste and unappropriated 
lands, and of all property accruing to the State by forfeiture ; 
all fines collected for offenses committed against the State, and 
such other sums as the General Assembly may appropriate. 
Code, § 1505, provides for setting apart the funds mentioned, 
except fines ^Vhere it is otherwise expressly provided," and 
adds 'donations made for the purpose." See also § 1475. 

The literary fund is managed and invested by the State 
Board of Education, whose duty it is to keep the principal al- 
ways unimpaired and entire. 

The annual income is dedicated exclusively to the support 
and maintenance of the public free schools of the State of the 
primary and grammar grades, and is apportioned on the basis 
of the number of children in each district between the ages of 
seven and twenty years. 

Const, § 135; Code, §§ 1432, 1433(11 & 12), 1505, 1506, 
1475. 



110 VIRGINIA LAWS CONCERNING EDUCATION 

For the years 1910-1911 to 1915-1916, this annual income 
from the literary fund has been as follows: 

1910-1911 $76,052.11 

1911-1912 83,258.42 

1912-1913 86,622.80 

1913-1914 92,316.94 

1914-1915 90,515.76 

1915-1916 

"The certificates given for the third of bonds set apart for West 
Virginia's portion of the debt held by the literary fund shall be 
safely deposited and kept by the Board of Education, subject to 
the provisions of any settlement which may be had between this 
State and the State of West Virginia in reference to the public debt 
of West Virginia created prior to the formation of the State of 
West Virginia." Code, § 436. 

II. All Appropriations Made by the General Assembly for Public 

Free School Purposes. Code, § 1506. 

Such appropriations are made from funds in the State 
treasury not otherwise appropriated. Acts 1910, p. 395; Acts 
1912, p. 237, and Acts 1914, p. 314, appropriating the public 
revenues. See p. 135, post. 

Section 141 of the Constitution provides that no State funds 
may be appropriated to any school or institution of learning 
not owned or exclusively controlled by the State or some po- 
litical sub-division thereof, except that the appropriation to the 
College of William and Mary may be continued at the dis- 
cretion of the General Assembly, and that this section is not to 
be construed as affecting the provisions of Act of February 
13, 1892, relating to the payment of interest on certain school 
and college bonds. See p. 183-4. 

By Act of March 7, 1906 (p. 94), the property of the College of 
William and Mary was taken over by the State. See p. 70, ante. 

Lobbying Prohibited. — The General Assembly prohibits any 
institution maintained in whole or in part by the State from 
spending any money for expenses of lobbying before the legis- 
lature. Expenses of their representatives are allowed when 
any committee of the General Assembly requests information to 
be given bv competent persons. Acts 1914, p. 86, Biennial 
1914, p. 399. 



SOURCES OF STATE REVENUES 111 

Appropriations for Fiscal Year Ending February 28, 1911 

(1910-1911) 

Appropriation to be apportioned on the basis of the 
number of children in each district between 
the ages of seven and twenty, and used for the 
support of the public free schools of the pri- 
mary and grammar grades $427,000.00 



a 



<( 



a 



it 



<i 



a 



for the encouragement and maintenance of 
rural graded schools of two, three, and four 
rooms, upon condition that no such school re- 
ceive more than $200.00 a year, or be allowed 
aid from the high school fund 25,000.00 

for support of public high schools under Act 
of 1906 (p. 350), Supplement 1910, p. 
663 100,000.00 

for establishment and support of departments 
of agriculture, domestic economy and manual 
training in at least one high school in each 
congressional district, conducted under rules 
and regulations prescribed by the State Board 
of Education and the president of V. P. 1 30,000,00 

for maintenance of summer normal schools 18,000.00 



$600,000.00 



for normal instruction in high schools, the 
allowance to any one school being limited to 
$1,500.00 15,000.00 

for the establishment of libraries in public 

schools in cities, towns, and rural districts 5,000.00 

to the fund for pensioning retired teachers 5,000.00 



Total appropriations for public free schools for 
1910-1911, in addition to interest on literary 
fund (I), capitation tax (III), and property 
tax (IV), pp. 109-10, 130-5 $625,000.00 



112 VIRGINIA LAWS CONCERNING EDUCATION 

Appropriations for Fiscal Year Ending February 29, 1912 

(1911-1912) 

Appropriations the same as for 1910-1911 $625,000.00 

Additional appropriation for equipment and im- 
provement at agricultural high schools in the 
congressional districts, to be apportioned and 
expended as may be prescribed by the State 
Board of Education and the president of 
V. P. I., unless otherwise provided by law 25,000.00 



$650,000.00 



Appropriations for Fiscal Year Ending February 28, 1913 

(1912-1913) 



Appropriation to be apportioned on the basis of 
the number of children in each district be- 
tween the ages of seven and twenty, and used 
for the support of the public free schools of 
the primary and grammar grades $337,800.00 

^' for the encouragement and maintenance of 
rural graded schools of two, three, and four 
rooms, upon condition that no such school re- 
ceive more than $200.00 a year, or be allowed 
aid from the high school fund 75,000.00 

'' for the support of public high schools under 
Act of 1906 (p. 350), Supplement 1910, p. 
663 100,000.00 

^' for establishment and support of departments 
of agriculture, domestic economy, and manual 
training in at least one high school in each 
congressional district, conducted under rules 
and regulations prescribed by the State Board 
of Education and the president of V. P. 1 32,000.00 



a 



for maintenance of summer normal schools 18,000.00 



" for maintenance of the public free school at 

the Laurel Reformatory 1,000.00 

Amount forwarded $563,800.00 



SOUKCES OF STATE REVENUES 113 

Amonnt brought forward $563,800.00 

Appropriation for maintenance of the public free 

school at the ^egro Reformatory 600.00 

^' for maintenance of the public free school at 
the Virginia Home and Industrial School for 
Girls 600.00 

$565,000.00 

" for normal instruction in high schools, the al- 
lowance to any one school being limited to 
$1,500.00 15,000.00 

'^ for establishment of libraries in public schools 

in cities, towns, and rural districts 5,000.00 

" to the fund for pensioning retired teachers 5,000.00 

'' to the fund for pensioning retired teachers a 

further sum to cover deficit 3,000.00 

Total appropriations for public free schools for 
1912-1913, in addition to interest on literary 
fund (I), capitation tax (III), and property 
tax (IV), pp. 109-10, 130-5 $593,000.00 

Appropriations for Fiscal Year Ending February 28, 1914 

(1913-1914) 

Appropriations the same as for 1912-1913 $593,000.00 

Less amount allowed to cover deficit in retired 

teachers' fund ;. 3,000.00 

$590,000.00 

Appropriations for Fiscal Year Ending- February 28, 1915 

(1914-1915) 

Appropriation to be apportioned on the basis of 
the number of children in each district be- 
tween the ages of seven and twenty, and used 
for the support of the public free schools of 
the primary and grammar grades $228,800.00 



Amount forwarded $228,800.00 



114 VIRGI^'^IA LAWS COXCEENING EDUCATION 

Amount brought forward $228,800.00 

Appropriation for the encouragement and mainte- 
nance of rural graded schools of two, three, 
and four rooms, upon condition that no such 
school receive more than $200.00 a year, or 
be allowed aid from the high school fund 75,000.00 



a 



for the support of public high schools under 
Act of 1906 (p. 350), Supplement 1910, p. 
663 : 100,000.00 

'^ for establishment and support of departments 
of agriculture, domestic economy, and manual 
training in at least one high school in each 
congressional district, conducted under rules 
and regulations prescribed by the State Board 
of Education and the president of V. P. 1 32,000.00 



i( 



for summer normal schools, an increased ap- 
propriation made subject to the provision that 
no officer or teacher in the public school sys- 
tem, or in any of the State institutions, em- 
ployed by the calendar year, shall be paid both 
as an officer, or instructor in the summer 
school, and also as a teacher in the public 
school system, or in a State institution, dur- 
ing the period employed in the summer school, 
. and subject to the further provision that no 
Virginia teacher shall be charged tuition in 
these summer normal schools 40,000.00 

^^ for maintenance of public free school at 
Laurel Reformatory, so much as may be neces- 
sary of ^.. 1,000.00 

" for maintenance of public free school at 
I^egro Reformatory, so much as may be neces- 
sary of .- 600.00 

" for maintenance of public free school at 
Virginia Home and Industrial School for 
Girls 600.00 

Amount forwarded $478,000.00 



SOURCES OF STATE REVENUES 115 

Amount brought forward $478,000.00 

Appropriation for maintenance and development of 
rural schools of one and two rooms, to be used 
especially for the purpose of increasing the 
length of term of said schools in a State-wide 
effort to provide proper school facilities for 
remote and needy communities, so much as 
may be needed of 200,000.00 

" for rent of offices for the State Board of 
Education, rendered necessary by the crowded 
condition of the capitol building, so much as 
is necessary of 2,000.00 



(( 



a 



li 



iC 



$680,000.00 



for normal instruction in high schools, the al- 
lowance to any one school being limited to 
$1,500.00 20,000.00 

for establishment of libraries in public schools 

in cities and towns and rural districts ' 3,000.00 

to fund for pensioning teachers 5,000.00 

for dormitories to congressional high schools, 
upon condition that the districts raise a like 
amount for each school ; that the supervision 
of each of said schools be extended to each 
congressional district, and that any portion of 
said sums not taken or used by any of said 
high schools by the end of the fiscal year for 
which appropriated should be apportioned 
among the other schools upon the same con- 
ditions, the amount to one school in no event 
to exceed $2,000.00 15,000.00 



Total appropriations fqr public free schools for 
1914-1915, in addition to interest on literary 
fund (I), capitation tax (III), and property 
tax (IV), pp. 109-10, 130-5 1$723,000.00 



116 VIRGINIA LAWS CONCERNING EDUCATION 

Appropriations for Fiscal Year Ending February 29, 1916 

(1915-1916) 

Appropriations the same as for 1914-1915 $723,000.00 

Appropriations for Testing Sight and Hearing of Public School Pupils — 

By Act of March 14, 1908 (Acts 1908, p. 661, Supplement 
1910, p. 855) the superintendent of public instruction was 
authorized, upon approval of the State board of health, to ex- 
pend during the year 1908 a sum not to exceed $400.00 and 
annually thereafter a sum not greater than $300.00 for the 
purpose of carrying out the provisions of said act, providing 
for testing the sight and hearing of public school pupils. 

'No additional appropriations have been made to cover the 
expenditures so authorized. 

Appropriations to State Institutions of Learning 

For the State institutions of learning, the General Assembly 
has provided by law as set forth below, and for the years 1910- 
1911 and 1915-1916, inclusive, has appropriated to them 
respectively the sums stated : 

■University of Virginia — 

The following appropriations have been made upon condition 
that all properly prepared white students from Virginia be 
given free tuition in the academic department, and that the 
University fee be not more than $10.00. See p. 65, ante. 

1910-1911— For support $ 80,000.00 

1911-1912— For support $ 80,000.00 

For support of hospital 

for free treatment, 

maintenance and care 

of Virginia patients.. 10,000.00 90,000.00 

1912-1913— For support 80,000.00 

For support of hospital, 
as above 18,000.00 98,000.00 

1913-1914— For support 80,000.00 

For support of hospital, 
as above 18,000.00 98,000.00 



SOURCES OF STATE REVENUES 117 

1914-1915 — For support of Uni- 
versity $ 80,000.00 

For support of hospital 22,500.00 

For repairs and paint- 
ing buildings 15,000.00 

For sewerage system 7,500.00 $125,000.00 

1915-1916— For support of Uni- 
versity 80,000.00 

For support of hospital 22,500.00 

For repairs and paint- 
ing buildings 12,500.00 

For sewerage system 7,500.00 122,500.00 

Virginia Military Institute — 

See p. 66-7 for provision for State cadets. ' 

Section 1563 of the Code provides that ^'for the support of 
the said school there shall be paid out of the public treasury 
from time to time such sums as shall be appropriated therefor 
by the General Assembly." 

1910-1911 — For support, to include 
expenses of board of 
visitors, except the ad- 
jutant general and 
superintendent of pub- 
lic instruction, other- 
wise provided for $ 40,000.00 

1911-1912— For ditto 40,000.00 

1912-1913— For ditto $ 40,000.00 

For extending heating 
system 5,000.00 45,000.00 

1913-1914 — For support, etc., as 

above 40,000.00 

For betterments 10,000.00 50,000.00 

1914-1915 — For support, etc., as 

above 45,000.00 

For removal of pro- 
fessors' houses and en- 
largement of parade 
grounds 20,000.00 65,000.00 



118 VIRGINIA LAWS CONCERNING EDUCATION 

1915-1916 — For support, etc., as 

above $ 45,000.00 

For removal of pro- 
fessors' houses and en- 
largement of parade 
grounds 25,000.00 $ 70,000.00 



Virginia Agricultural and Mechanical College and Polytechnic Institute — 

For the support of the Virginia Agricultural and Mechanical 
College and Polytechnic Institute, there shall be paid out of the 
public treasury from time to time such sums as shall be ap- 
propriated therefor by the General Assembly. See p. 68, 
ante, for provision for State students. 

1910-1911— For support $ 66,750.00 

For the special purpose 
of conducting investi- 
gations, experiments 
and demonstrations 
with tobacco and other 
crops grown in rota- 
t i o n or connection 
with tobacco 5,000.00 

For school of mines, 
and other equipment 
and betterments 6,000.00 $ 77,750.00 

1911-1912— For ditto 77,750.00 

1912-1913— For support 61,750.00 

For tobacco investiga- 
tions and experiments, 
as above 5,000.00 

For additional for 
school of mines 6,000.00 

For additional for 
district experiment 
station 5,000.00 77,750.00 

1913-1914— For ditto 77,750.00 



SOURCES OF STATE REVENUES 119 

1914-1915— For support $ 66,750.00 

For payment of debt 
due First National 
Bank of Richmond, 
and additional for 
building shops 56,000.00 

For school of mines 6,000.00 $128,000.00 

1915-1916— For support 66,750.00 

For completing shop 
building 41,740.00 

For school of mines 6,000.00 

For sewage disposal 
tanks 4,250.00 118,740.00 



TJnited States Land Grants to V. P. I. — 

There has further been set apart by the General Assembly 
for this institution income arising from the investment in State 
bonds of funds derived from the sale of land scrip allotted to 
Virginia under Acts of Congress passed July 2, 1862, and 
August 30, 1890, which were directed to be set apart to 
constitute an education fund, the interest only to be used, and 
apportioned two-thirds to the Y. P. I., and one-third to the 
Hampton ^N^ormal and Agricultural Institute. Code, §§ 1586, 
1588, 1605. See pp. 124, 161. 

By Code, § 1598, the governing boards of these institutions 
were given authority to spend, in their discretion, a part of the 
said funds, not exceeding 10% of the proportion assigned to 
them respectively, in the purchase of land for experimental 
farms for each of them ; and further to spend a portion of the 
accruing interest from time to time in the purchase of suitable 
and appropriate laboratories. Code, § 1598. 

The General Assembly reserves the power to withdraw the 
benefits of the above appropriations ; but if at any time the said 
annuity is withdrawn, the real and personal property conveyed 
to the V. P. I. by the trustees holding it when it was known as 
"Preston & Olin Institute," and by the county of Montgomery, 
reverts to the grantors ; likewise, under these circumstances, 
donations or subscriptions to the Y. P. I. revert to the donors 
or subscribers. Code, §§ 1588, 1601, 1605, 1607. 



120 VIRGINIA LAWS CONCERNING EDUCATION 

Appropriations for Conducting Demonstration Work — 

1914-1915 — For the purpose of conducting demon- 
stration work in the State of Vir- 
ginia, or in the several counties there- 
in, in connection and cooperation 
with the United States department 
of agriculture $ 20,000.00 

1915-1916— For ditto 20,000.00 

The funds for conducting demonstration work in the State 
and its counties are given to the V. P. I., to be used in paying 
salaries and necessary traveling expenses of State, district, 
local, and county agents engaged in cooperative demonstration 
work. Acts 1914, p^^ 710, Biennial 1914, p. 497. 

The provisions of the above Act were made in anticipation of 
the passage of an Act of Congress providing for work of a 
similar character within the several states, through the agri- 
cultural colleges receiving the benefit of the land grant, and it 
is therein specifically declared that upon the passage of any 
such Act of Congress requiring the State to make an equal 
appropriation, that the appropriations thereby made are to be 
taken as an acceptance of the provisions of said Act of Congress 
and as an appropriation of money on the part of the Common- 
wealth of Virginia to meet the funds allotted to this State from 
any such F. S. government appropriations. 

For the provisions of the Act of Congress, passed May 8, 1914, 
providing for "cooperative agricultural extension work between 
agricultural colleges in the several states receiving the benefits of 
an Act of Congress approved July 2, 1862, and of the Acts supple- 
mentary thereto, and the United States Department of Agriculture," 
familiarly known as the "Smith-Lever bill," see Appendix, p. 267-70 

Prior to the passage of the above Act of March 27, 1914, the 
Demonstration work of the State was directed by the United Agri- 
cultural Board, created bv Act of March 17, 1910 (p. 573), amended 
by Act of March 12, 1912 (p. 312), and for the years 1912-1913 and 
1913-1914, an annual appropriation of $10,000.00 was made toward 
the support of the work in charge of said board. Said board was 
abolished by said Act of 1914. 

The College of William and Mary in Virginia — 

1910-1911— For support $ 40,000.00 

1911-1912— For support $ 40,000.00 

For plant to supply 
heat and light to col- 
lege 15,000.00 55,000.00 



SOURCES OF STATE REVENUES 121 

1912-1913— For support ; $ 40,000.00 

For debt and interest on 
heating plant 17,000.00 $ 57,000.00 

1913-1914— For support 40,000.00 

1914-1915— For support 40,000.00 

1915-1916— For support 40,000.00 

For repairing and re- 
furnishing the Talia- 
ferro building 5,300.00 

For new dining hall and 

kitchen equipment 14,700.00 

For converting present 
dining h a 1 1 a n d 
kitchen into dormitory 

rooms 5,000.00 

For furniture for ad- 
ditional rooms 1,500.00 66,500.00 



The Medical College of Virginia — 

For the years 1910-1911 and 1915-1916, inclusive, the Gen- 
eral Assembly has appropriated $5,000.00 annually toward the 
maintenance of this institution. 

The State Normal School for Women at Farmville — 

Code, § 1612. ^^For the support of said school there shall be 
paid out of the public treasury from time to time such sums as 
shall be appropriated therefor by the General Assembly, to pay 
incidental expenses, the salaries of officers and teachers, and to 
maintain the efficiency of the school ; provided that the Com- 
monwealth shall not in any instance be responsible for any debt 
contracted or expenditure made by the institution in excess of 
these appropriations." See p. 71 for provision for State 
students. 

1910-1911— For support $ 50,000.00 

For purchase of needed 
adjacent property 6,700.00 $ 56,700.00 

1911-1912— For support 55,000.00 

For an infirmary 15,000.00 70,000.00 



122 VIRGIXIA LAWS CONCERNING EDUCATION 

1912-1913— For support : $ 60,000.00 

1913-191-1— For support $ 60,000.00 

For training schools 
and equipment 35,000.00 95,000.00 

1914-1915— For support 66,000.00 

For laundry building 
and additional equip- 
ment 10,000.00 76,000.00 

1915-1916— For support 66,000.00 

The State Normal School for Women at Harrisonburg 
The State Normal School for Women at Fredericksburg 
The State Normal School for Women at Radford 

"Yov the support of the said schools there shall be paid out 
of the public treasur}^ from time to time such sums as shall be 
appropriated, to pay incidental expenses, the salaries of officers 
and teachers, and to maintain the efficiency of the said schools ; 
provided that the Commonwealth shall not in any instance be 
responsible for any debt contracted or expenditure made by said 
institutions in excess of the appropriations made." Acts 1908, 
p. 427, and Acts 1910, p. 417, appropriating the public revenue. 

Harrisonburg — 

1910-1911— For support $ 25,000.00 

For indebtedness on ac- 
count of purchase of 
land and equipment, 
installation of water 
and sewer system 30,000.00 $ 55,000.00 

1911-1912— For support 30,000.00 

For dormitory a n d 
equipment ^.. 35,000.00 65,000.00 

1912-1913— For support 35,000.00 

1913-1914— For support 35,000.00 

For improvements 25,000.00 60,000.00 



SOURCES OF STATE REVENUES 123 

1914-1915— For support $ 35,000.00 

For building, library, 
chapel, dining room, 
kitchen, office, and 
class rooms 50,000.00 $ 85,000.00 

1915-1916— For support 40,000.00 

For equipment for li- 
brary 5,000.00 45,000.00 



Fredericksburg — 

1910-1911— For building fund $ 50,000.00 

1911-1912 — For building and equip- 
ment $ 70,000.00 

For support 15,000.00 85,000.00 

1912-1913— For support 35,000.00 

For furniture, etc 11,000.00 

For payment on note 18,000.00 64,000.00 

1913-1914— For support 35,000.00 

For balance on debt 29,000.00 64,000.00 

1914-1915— For support 35,000.00 

For dormitory building 37,500.00 72,500.00 

1915-1916— For support 40,000.00 

For equipment 5,000.00 45,000.00 



Radford — 

1910-1911— School at Radford not 

established until 

1912— 
1911-1912— For the establishment 

of the State ^N^ormal 

and Industrial School 

at Eadford $ 25,000.00 

1912-1913 — For improvement $ 25,000.00 

For support 10,000.00 35,000.00 



12-i VIRGINIA LAWS CONCERXIXG EDUCATIOX 

1913-1914— For improvement $ 25,000.00 

For support 15,000.00 $ 40,000.00 

1914-1915— For support 23,000.00 

For building dormitory 35,000.00 
For equipment of ad- 
ministration building 6,000.00 
For laundry building..! 2,000.00 66,000.00 

1915-1916— For support 28,000.00 

For power house 6,000.00 

For laundry building 2,000.00 

For furniture for 

dormitory 3,000.00 
For water works im- 
provement 4,000.00 43,000.00 



Virginia Normal and Industrial Institute — 

Code, § 1613(10). "The General Assembly shall make such 
appropriations annually out of the revenues of the State for 
the support and maintenance of the said institute as it shall 
deem advisable." See p. 73, ante, for provisions for State 
students. 

1910-1911— For support $ 20,000.00 

1911-1912— For support 20,000.00 

1912-1913— For support $ 21,000.00 

For water supply 2,500.00 23,500.00 

1913-1914 — For support 21,000.00 

1914-1915 — For support 22,500.00 

For building dormitory 10,000.00 

For equipment for farm 1,000.00 33,500.00 

1915-1916 — For support 22,500.00 

Hampton Agricultural and Industrial Institute — 

There has been set apart by the General Assembly for this 
institution one-third of the income arising from the investment 
of funds derived from the sale of land scrip allotted to Virginia 
under Acts of Congress passed July 2, 1862, and August 30, 



SOURCES OF STATE REVENUES 125 

1890 ; the other two-thirds going to V. P. I. Code, § 1586, 
and p. 119, ante. 

A part of the fund, not exceeding 10 7o of the proportion 
assigned to the said institutions, respectively, may be spent in 
the purchase of land for experimental farms for each of them, 
and a portion of the accruing interest may from time to time 
be spent by said boards in the purchase of suitable and proper 
laboratories. Code, § 1598. 

This State appropriation to Hampton from the land scrip 
funds as aforesaid, is conditioned upon the continued mainte- 
nance and support in the said institute of one or more schools 
or departments, the leading object of which is instruction in 
such branches of learning as relate especially to agriculture, 
the mechanic arts, and military tactics, and the General 
Assembly reserves the power- to withdraw the whole or any part 
of the benefit of the said appropriation. Code, §§ 1602, 1607. 
See pp. 73-4, ante, for provision for State students at Ham.pton. 

Appropriations for Students' Loan Fund at State Institutions 

of Learning 

By Act of 1908 (p. 430) the General Assembly provided 
that in. addition to the sums appropriated for the support of the 
State School for Women at Farmville, the V. P. I., the Y. M. I., 
the University of Virginia, and the College of William and 
Mary, an amount not to exceed that of the annual appropria- 
tions made to them, respectively, was to be paid to them each 
year for five years from funds in the treasury not otherwise 
appropriated, for the purpose of a students' loan fund at each 
of said institutions. See p. 72, ante, for terms of establish- 
ment. 

By Act of 1910 (pp. 404 and 418) the State l^ormal Schools 
for Women at Harrisonburg and Fredericksburg were included 
in the benefits of this foundation, and the time extended for 
^Y^ years from the passage of said Act of March 16, 1910. 

By Act of 1912 (pp. 253 and 270) the time was again ex- 
tended for five years from the passage of the said Act of March 
12, 1912, and the amount specified at $3,200.00 annually for 
the years 1912-1913 and 1913-1914. 

Bj Act of 1914 (pp. 335 and 359) the State :N'ormal School 
for Women at Radford w^as included, the time limit omitted, 
and the amount specified at $3,800.00 annually for the years 
1914-1915 and 1915-1916. 



126 VIRGINIA LAWS CONCERNING EDUCATION 

State Schools for the Defective, Deficient, and Delinquent 

For the State schools for the defective, deficient, and delin- 
quent the General Assembly has provided by law as set forth 
below, and for the years 1910-1911 and 1915-1916, inclusive, 
has appropriated to them respectively the sums stated. 

The Virginia School for the Deaf and Blind — 

Code, § 1659. ^'For the support of the said institution there 
shall be paid out of the public treasury on the order of the 
board of visitors, attested by the secretary, and countersigned 
by the president of the board, such sums as may from time to 
time be appropriated by the General Assembly of Virginia." 

1910-1911— For support $. 50,000.00 

For treatment of such 
persons as the super- 
intendent may con- 
tract for at the Kich- 
mond Eye Infirmary... 1,500.00 

For debt 5,545.00 $ 57,045.00 

1911-1912— For support 50,000.00 

For treatment, as above 1,500.00 51,500.00 

1912-1913 — For support, treatment, 

as above, and debt 60,000.00 

1913-1914 — For support, treatment, 

as above, and debt 54,500.00 

1914-1915— For support 58,500.00 

For treatment, as above 1,500.00 

For betterments 7,500.00 

For reimbursement for 
amount paid Rich- 
mond Eye and Ear In- 
firmary 3,000.00 70,500.00 

1915-1916— For support 58,500.00 

For treatment, as above 1,500.00 

For betterments 7,500.00 67,500.00 



SOUKCES OF STATE REVElSfUES 127 
The Virginia State School for Colored Deaf and Blind Children — 

1910-1911— For support $ 10,000.00 

For steam plant, includ- 
ing laundry, shops, 

etc 10,000.00 20,000.00 

1911-1912— For support 15,000.00 

For improvements 8,500.00 23,500.00 

1912-1913— For support 17,500.00 

For betterment and pur- 
chase of farm 12,500.00 30.000.00 

1913-1914 — For ditto 30,000.00 

1914-1915— For support 22,000.00 

For hospital building 

for contagious cases 6,000.00 28,000.00 

1915-1916— For support 22,000.00 

For barn and water sup- 
ply 3,000.00 

For silos 350.00 

For binder 100.00 

For pair of mules 400.00 

For addition to ma- 
chinery i n laundry 

and shop 1 600.00 26,450.00 



No special State appropriations have been made for schools 
for the Deficient, except $8,500.00 in 1914, for a ^'building for 
chapel, school room, amusement hall, and work shop," at the 
Virginia Epileptic Colony and Colony for the Feeble-minded, 
near Lynchburg. 

Virginia Home and Industrial School for Girls — 

Acts 1910 — For years ending February 1, 1911 and 1912: for 
receiving a person into the home when first com- 
mitted, 50 cents, and for supporting her therein 
each day, 50 cents, provided no more than 
$12,000.00 be spent in any one year. 



128 VIRGINIA LAWS CONCERNING EDUCATION 

Acts 1912 — For years ending Febrnary 1, 1913 and 1914, each 
$12,000.00, ''which shall include the amount ap- 
propriated by Acts 1910, and for necessary im- 
provements on the property.' 



>? 



Acts 1914 — For years ending February 1, 1915 and 1916 each, 
''for maintenance as per Acts of 1910, for im- 
provement and to pay any deficit, $12,000.00, or 
so much thereof as may be necessary." 

For the years ending February 1, 1913, 1914, 
1915, 1916, respectively, the State Board of Edu- 
cation Avas authorized to spend from the general 
school funds $600.00 a year, or so much thereof 
as might be necessary, in the maintenance of the 
public free schools at the above institution. 

The Industrial Home School for Wayward Colored Girls — 

1914-1915 — For necessary improvements, and support upon 
the basis of 50 cents for receiving a person into 
the home when first committed, and for keeping 
and supporting her therein, for each day, the 
sum of 30 cents, within the limit of $3,000.00 a 
year to be expended for this purpose. 

1915-1916 — Same provision. 

The Public Free School on the Grounds of the Prison Association of Vir- 
ginia, at Laurel, Henrico County — 

By Acts of Assembly 1908, p. 688, $25,000.00 was appro- 
priated for the erection and equipment of a school house for the 
above school, to be expended under the direction of the State 
Board of Education, and for the years 1910-1911 and 1915- 
1916, inclusive, $1,000.00 per year, to be used for the salaries of 
teachers, and paid out by the State Board of Education, from 
the fund appropriated for primary and grammar schools. 

The Public Free School on the Grounds of the Neg-ro Reformatory As- 
sociation of Virginia, in Hanover County — 

The General Assembly has appropriated out of the school 
funds of the State $600.00 a year for the maintenance of 
this school, to be received by the State Board of Education and 
a])])Hed by it to the payment of teachers. Acts 1910, p. 327, 
Supplement 1910, p. 9io. 



SOURCES OF STATE REVENUES 129 

Other State Institutions Educational in Character 
state Library and Traveling Libraries — 

Section 248 of the Code ])i'ovides that all books, documents, 
and maps ])ublished bj the State, and not otherwise disposed 
of by law, shall be sold, and the proceeds thereof shall constitute 
a library fund for the support and improvement of the library 
and the ])ublication of records. 

For the years 1910-1911 and 1915-1916, inclusive, there has 
been appropriated $2,500.00 a year for salary of a State libra- 
rian ; $1,600.00 for an assistant librarian; $1,200.00 for a 
reference librarian ; $900.00 for a cataloguer ; and $750.00 for a 
stenographer; and, in addition, allowances for janitors, police 
protection, elevator service, etc., and $6,000.00 per annum was 
appropriated for those years for salaries of such other assistants 
and expenses as were necessary for publishing the Journal of 
the House of Burgesses, and for traveling libraries. 

In 1912-1913 and 1915-1916, inclusive, $1,000.00 additional 
per year was allowed for traveling libraries. 

In 1911-1912 and 1915-1916, inclusive, $1,500.00 a year was 
allowed for book stacks, and in 1911-1912, $1,000.00 for re- 
storing pictures in the portrait gallery. 

A Commission to Devise Suitable Methods for the Maintenance, 
Management, and Support of the Educational Institutions 

of the State 

At the 1908 session of the General Assembly, a commission 
was created, consisting of seven persons, to be appoint(>d by the 
governor, four of them experienced educators, charged with the 
duty of devising, after due investigation, some suitable and 
systematic method for the management and expansion of the 
higher educational institutions of the State, leading to a 
definite and harmonious educational system, freed from the 
present tendency toward duplication, and for meeting the de- 
mands of these institutions for maintenance upon the basis of 
natural growth and needs rather than upon the amount of avail- 
able surplus in the State treasury. 

The members of this commission were allowed no compensa- 
tion, but $500.00, payable on the order of the governor, was 
appropriated out of which to reimburse them for their actual 
expenses incurred in the discharge of their duties. 



130 VIRGINIA LAWS CONCERNING EDUCATION 

This commission was continued by the session of 1910, and 
the appropriation for the year 1910-1911 was made to include 
an investigation and report of some practical and advisable plan 
for the higher education of women by the State, and a con- 
sideration of the bill before that session of the General As- 
sembly, known as Senate Bill Xo. 92, seeking to establish at 
Charlottesville a woman's college coordinate with the University 
of Virginia. Acts 1908, p. 390, and Acts 1910, p. 406. 

m. $1.00 of the capitation tax levied on each male resident of 

the State not less than 21 years of age, except those 

pensioned by Virginia for military service. 

Const, § 135; Code, § 1506 

The State Constitution, § 173, provides that the General 
Assembly shall levy a State capitation tax of not exceeding 
$1.50 per annum on every male resident of the State not less 
than 21 years of age, except those pensioned by the State for 
military services; $1.00 of which shall be applied exclusively 
in aid of the public free schools, in proportion to the school 
population, and the residue returned by the State to the county 
or city in which it was collected, to be used by the proper local 
authorities for such city or county purposes as they shall 
respectively determine. 

State capitation tax is not a lien upon, and can not be collected 
hy legal process from, the personal property exempt from levy or 
distress under the poor debtor's law. Const., § 173. 

IV. Such tax on property, not less than one, nor more than five 

mills on the dollar, as the General Assembly may 

from time to time order levied. Const., 

§ 135; Code, § 1506 

All taxes, whether State, local, Or municipal, must be uniform 
upon the same class of subjects within the territorial limits of the 
authority levying the tax. Const., § 168. 

The revenues for apportionment, upon the basis of school 
population, to the public free schools of the State of the primary 
and grammar grades under § 1507 of the Code (see p. 172), 
for the years 1910-1911 to 1915-1916, inclusive, have been as 
follows : 

1910-1911 $1,027,828.50 

1911-1912 1,157,238.(54 

1912-1913 1,239,483.54 

1913-1914 1,308,740.83 

1914-1915 1,351,502.89 

1915-191 6 



SOURCES OF STATE REVENUES 131 

New Land Assessment and Tax System 

The State revenues for 1915-1916 will be derived under a 
new tax system, and the amount, therefore, cannot be even 
approximated in advance. 

Under said § 135 of the Constitution, fixing the limits within 
which the General Assembly might from time to time order a 
school tax on property to be levied, it was further provided that 
if at any time the several kinds or classes of property were 
segregated for purposes of taxation, so as to specify upon what 
subjects State, and upon what local, taxes were to be levied, 
then the General Assembly might otherwise provide for a fixed 
appropriation of State revenue for the support of the schools, 
not less than that provided hy said § 185. 

The General Assembly which met in extra session on AVed- 
nesday, January 13, 1915, approved an Act on March 15, 1915 
(p. 119), recording its judgment that the interests of the State 
would be promoted by putting into operation at the earliest 
date practicable a plan of complete segregation of the subjects 
of taxation, so as to specify and determine upon what subjects 
State, and upon what local, taxes might be levied; and, by 
various other acts passed at that session it put into operation 
a new system, partially segregating the subjects of taxation. 
In view, however, of the regular quintennial re-assessment of 
real estate to be made in 1915, in pursuance of constitutional 
provision (Const., § 171; Code, § 437), it was impossible to 
make an accurate estimate of the revenues to be derived there- 
after from that source, and it being likewise impossible to make 
in advance any accurate estimate of the revenues to be derived 
from taxable intangible personal property under the plan of 
complete segregation contemplated, it was deemed expedient to 
continue until the next session of the General Assembly the 
existing levy of State taxes for school purposes, in order to 
provide against any temporary loss in the State's revenue 
incident to this re-adjustment of the tax system of the State. 

See also Acts Extra Session 1915, pp. 40, 106. 112, 113, 115, 117, 
124, 136, 137, 138, 139, 146, 147, 149, 153, 154, 160, 197, 209, 219, 
and 232 to 268, inc. 

Therefore, until further action by the General Assembly, the 
levy of State taxes for public school purposes — in addition to 
,the $1.00 of capitation tax mentioned above — is as follows: 

One mill on the dollar of the assessed value of the following 
property, except such as is by law exempt from taxation, as 
shown on pp. 140-4, post. Code, § 1507. 



132 VIRGINIA LAWS CONCERNING EBUCATION 

On real estate; that is, tracts of land and lots, and the im- 
provements thereon ; ground rents and rent charges, including 
the real estate of public service, and all other, corporations, and 
of all persons and iii'uis, except as expressly exenipted by § 183 
of the Constitution and §§ 457 and 488 of the Code. Acts 
Extra Session 1915, pp. 119, 137, 197. Acts 1903, § 2, Code, 
pp. 21, 91. 

On tangible personal property, as follows: On cattle and 
other stock, vehicles, mechanic's tools, farming implements, 
felled timber and bark for sale by other than the owner of the 
land upon which felled within twelve months preceding the 1st 
day of February in each year ; grain, tobacco, and other agri- 
cultural products not belonging to the owner of the land upon 
which produced, but to a purchaser ; household and kitchen 
furniture, musical instruments, sewing machines, gold and 
silver plate, watches, jewelry, precious stones and metals, books, 
pictures and other works of art, firearms and accoutrementSj- 
except those issued by the State to members of volunteer com- 
panies, or for police purposes ; turnpikes and ferries, except 
steam ferries owned or operated by a chartered company ; boats 
or water craft under five tons burden, used for business or 
pleasure ; ships, tug boats, barges, boats, or other water craft 
of five tons burden or over, and all other floating property 
(other than that owned by corporations which operate steam- 
ships, boats, etc., for transportation of passengers or freight, 
and which must be assessed by the State Corporation Commis- 
sion), whether used for business or pleasure, together with 
rigging, tackle, and furniture, and all else that pertains to them, 
or any share of interest therein. Acts Extra Session 1915, pp. 
119, 137. See Acts 1903, § 6, Schedule B. 

Oysters planted or shells deposited for the propagation of oysters 
are taxed for State, county, and school purposes upon the same 
basis as other personal property is taxed. Code, § 2140a. 

On tangible personal property of insurance companies, indus- 
trial sick benejit associations, etc., and public service corpora- 
tions, except rolling stock of corporations operating railroads by 
steam. Acts Extra Session 1915, pp. 119, 137, 197. 

Tutil further action of the General Assembly, as stated, there 
must also be included in tlie State tax<"is applicable to the ]mblic 
free schools, one mill on the dollar of the assessed value of the 
following property : 



SOURCES OF STATE REVENUES 133 

Bollhig stoch of corporations operatmg railroads by steam, as 
assessed annually by the State Corporation Commission, in- 
cluding passenger, freight, cattle or stock, baggage, mail, ex- 
press, sleeping, palace, and all other cars owned by or belonging 
to the corporation; boats, machinery, depot and office furniture 
and equipment, ''houses and appurtenances occupied by lockgate 
keepers and other employees," provided that foreign railroad 
and canal corporations doing business in Virginia shall report 
the average rolling stock habitually used by them respectively 
in this State. Acts Extra Session 1915, pp. 112, 119, 137, 197. 

Quere: Why include under rolling stock the "houses and appurte- 
nances occupied by lock-keepers and other employees"? See Acts 
Extra Session 1915, p. 197, sub-sec, 4. 

Intangible personal property, as folloivs: (Acts Extra Ses- 
sion 1915, p. 160. 

1. Bonds, notes, and other evidences of debt, including 
bonds of other States than Virginia, bonds of counties, cities 
and towns located outside of the State of Virginia, bonds of 
railroad and canal companies and other corporations, bonds of 
individuals and all demands and claims, however evidenced, 
whether secured by deed of trust, judgment or otherwise, or 
not so secured. 

2. All capital of individuals, including moneys, credits or 
other thing, loaned, used or employed in business out of this 
State. 

3. x\ll capital of corporations, or incorporated joint stock 
companies not otherwise taxed ; and when all of such capital 
is taxed by this State, the shares of such stock in the hands of 
individual shareholders shall not be further taxed for State 
purposes ; but real estate belonging to such corporations and 
companies shall not be held to be capital, but shall be listed and 
taxed as real estate. 

4. All capital of individuals invested, used or em])loyed in 
any trade or business not otherwise taxed. Moneys and credits 
actively used and employed in carrying on the trade or business, 
materials, goods, wares, and merchandise on hand and all sol- 
vent bonds, notes, demands or claims made or contracted in the 
course of business during the preceding year (but not including 
any moneys on hand received from loans made for a period of 



134 VIRGINIA LAWS CONCERNING EDUCATION 

not more than four months, which shall be owing and shall have 
been actually contracted for the necessary conduct of such 
business). 

Real estate is not listed as such capital, but is taxed as is other 
real estate. 

This does not prevent cities and towns, in pursuance of their 
charters, of the laws of the State governing cities and towns, from 
imposing a license tax on merchants, mercantile firms or corpora- 
tions, based on their purchases, or otherwise. 

Act Extra Session 1915, p. 119, provides that the capital of mer- 
chants shall not be subject to State taxation, but may be taxed 
locally as prescribed by law, and being thus "otherwise taxed," is 
exempt under sub-sec. 4 of Acts of Extra Session 1915, p. 160. 

5. Value of the principal or personal estate and credits, 
other than money, under control of a court receiver or commis- 
sioner, or in the hands of a fiduciary, or in bank to credit of 
any suit and not in the hands of a fiduciary. 

6. All money, other than money used or employed in any 
trade or business, not otherwise taxed, on deposit with any 
bank or other corporation or firm or person, or in possession or 
under control of the owner, whether in or out of the State, be- 
longing to a citizen of this State, including fiduciary funds, and 
moneys to credit of any suit, or in hands of receiver or com- 
missioner. 

7. All shares of stock of corporations or joint stock com- 
panies ; except those whose total capital is taxed by this State, 
or which pay a franchise tax in Virginia, and banks, banking 
associations, trust and security companies, and insurance com- 
panies, all of which are otherwise taxed. 

8. Bonds of counties, cities, and towns, or other political 
subdivisions of this State. 

Bank' Stoch. — Act of Extra Session of 1915, p. 209, sub-sec. 
18, provides for schools a State tax of one mill on the dollar of 
the actual assessed value of shares of stock of banks, banking 
associations, trust and security companies. 

Sources of all State Revenues. — The total State tax on the 
classes of property listed on ]ip. 132-4, including the one mill to 
schools, under the provisions of the laws passed at Extra Session 
of 1915 is as follows: 

On real estate and tangible personal 
property, except rolling stock of 
steam railroads 1 mill to schools 



SOURCES OF STATE REVENUES 135 

On rolling stock of steam rail- 
road 1%% of assessed value 

On intangible personal property de- 
scribed in §§ 1, 2, 3, 4, 5, and 7 65c on $100.00 

On intangible personal property de- 
scribed in § 6, money 20c on $100.00 

On intangible personal property de- 
scribed in § 8 35c on $100.00 

On shares of stock in banks and bank- 
ing associations, trust and security 
companies -. 35c on $100.00 

In addition, the State segregates to itself the license taxes im- 
posed upon insurance companies, the license tax of $3.00 per 
mile charged sleeping, dining and parlor car companies for 
every mile of track over which they operate in the State ; 
licenses charged for the privilege of doing business in the State 
in various lines (Acts Extra Session 1915, pp. 232-268. See 
also pp. 130-4, ante; income tax, inheritance tax, tax on 
charters, deeds, etc., etc., all of which go toward making up the 
funds in the State treasury from which special appropriations 
may be made by the General Assembly to the public schools 
and State institutions of learning. See p. 110. 



136 VIRGINIA LAWS CONCERNING EDUCATION 



CHAPTER IX 

SOURCES OF LOCAL EEVENUES FOR THE ESTABLISH- 
MEIsTT, SUPPORT AND MAINTENANCE OF THE 
PUBLIC FREE SCHOOLS AND LOCAL FUNDS IN AID 
OF EDUCATION 



COUNTY AND DISTRICT SCHOOL FUNDS 

Section 136 of the Constitution provides: 

''Each county, city, town (if the same be a separate school 
district), and school district is authorized to raise additional 
sums by a tax on property, not to exceed in the aggregate five 
mills on the dollar in any one year, to be apportioned and 
expended by the local school authorities of said counties, cities, 
towns, and districts in establishing and maintaining such schools 
as in their judgment the public welfare may require ; provided, 
that such primary schools as may be established in any school 
year shall be maintained at least four months of that school 
year before any part of the fund assessed and collected may be 
devoted to the establishment of schools of higher grade. The 
boards of supervisors of the several counties and the councils of 
the several cities and towns, if the same be separate school dis- 
tricts, shall provide for the levy and collection of such local 
school taxes." 

County School Funds — 

County school funds embrace donations, or the income arisino- 
therefrom, and any other funds that may be set apart for public 
school purposes, and such taxes as may be levied by the board 
of supen'isors on real estate and personal propertv. See p]^. 
132, 145-14!). Code, § 1500; Acts Extra Session 1915, pp. 
119, 187, 160, 209. 

Special County Appropriations Authorized. — County boards 
of supervisors are authorized: 

To appropriate out of county funds, for the support ot 
demonstration work in their respective counties, such sums as 



SOURCES OF LOCxVL REVENUES 137 

they may deem proper, to be used in cooperation with the 
V. P. J. in paying the salaries and expenses of demonstrators 
or connty agents in their counties ; these oppropriations to be 
supplemented by sums to be paid out of the funds appropriated 
to the \". P. 1. for such work, and such funds as may be fur- 
nished or allotted by the U. S. Department of Agriculture, in 
aid of such cooperative work in Virginia as may be agreed 
upon. 

To expend annually not exceeding $1,000.00 for the promo- 
tion of agriculture in their respective counties. Acts 1912, p. 
653, Biennial 1912, p. 234. For special provision for an 
appropriation of $3,000.00 by Wythe County, see Acts 1912, 
p. 563, Biennial 1912, p. 234. 

To appropriate such sums of money as they may deem proper 
for the establishment, equipment, and maintenance of an agri- 
cultural school in each district, and appropriations previously 
made for that purpose are ratified. Acts 1910, p. 328, Supple- 
ment 1910, p. 911. 

Limits of County Levy. — The county levy for school taxes 
may not be less than ten nor more than forty cents on the 
$100.00 of assessed value of real estate and personal property 
subject to levy for school taxes. Code, § 1506. 

District School Funds — 

District school funds in the counties embrace such doe: tax 
as the board of supervisors may apply to school purposes ; dona- 
tions, or the income arising therefrom ; such other funds as may 
be set apart for district school purposes, and such tax as the 
board of supervisors may levy upon real estate and personal 
property of the district. Code, | 1506; Acts Extra Session 
1915, pp. 119, 137, 160, 209. 

Logs belonging to timber dealers, which are not branded as 
required by law, found floating on the streams of the State, and 
recovered therefrom by any person, must be at once reported by 
the finder in writing to the clerk of the court having jurisdiction 
of his place of residence. 

Thirty days thereafter, after having given at least ten days 
notice by written or printed notices posted at the front door 
of the court house, or near thereto, and at one or more public 
places in the county, the sheriff must sell the same at the court 
bouse door on the flrst dav of a term of court. 



138 VIRGINIA LAWS CONCERNING EDUCATION 

The owner may recover possession of such property by satis- 
fying the sheriff that he is entitled thereto, or by action ol 
detinue, as. provided by law. 

The proceeds of sale of all such logs or timber sold, less the 
expenses of making sale, must be paid over to the treasurer of 
the county for the benefit of the public schools of the district 
wherein the person making the report at that time resides. 

Failure to report, or to turn over such log or timber to the 
sheriff, or failure on the part of the sheriff to make sale as pro- 
vided, is a misdemeanor, punishable by fine of not less than 
$10.00 nor more than $100.00 for each offense. Code, § 1906c. 

Boards of supervisors may apply to public school purposes, 
in their discretion, such dog tax as is left after remunerating 
inhabitants of the county for losses sustained from sheep or 
other stock killed or crippled by dogs, and paying the expenses 
of enforcing the dog tax law. Code, § 501a. 

Limits of District Levy. — ^The district levy for school taxes 
may not be less than ten nor more than thirty-five cents on the 
$100.00 of assessed value of real estate and personal property 
subject to levy for school taxes. Code, § 1506. 

Limits of Combined County and District Levies. — The com- 
bined levy for county and district purposes may not exceed fifty 
cents on the $100.00 of assessed value of real estate and personal 
property subject to levy for school taxes. Code, § 1506. 

Exception Permitted to Minimum Levy. — Boards of super- 
visors may be permitted to make a less rate of levy than the 
minimum of one mill stated, under special order of the State 
Board of Education, when in its judgment a less rate will pro- 
duce sufficient funds to provide adequate school facilities in the 
territory concerned. Code, § 1506. 

Question of Increased Levy Submitted to Qualified Voters. — 
If the levies made as provided do not produce the revenue esti- 
mated by county and district boards as necessary to provide and 
maintain adequate school facilities, it is the duty of the board 
of supervisors, upon petition in writing from the county board 
asking for a reference of the question of an increased levy to 
the qualified voters of the county or district, as the case may be, 
to submit the question and the amount of the increase to the 
qualified voters — of the county, if the increase desired be of the 
county levy, or of the district, if it be of the district levy. The 



SOURCES OF LOCAL REVENUES 139 

affirmative vote of a majority of the qualified voters casting 
their ballots at the election is necessary to secure the increase, 
which may in no event bring the total county and district levy 
over five mills on the dollar. Code, § 1506 . 

Special Exception to Limit of Maximum Levy. — The board 
of supervisors of any county wherein any district school board 
issued bonds under any special Act of the General Assembly 
prior to the passage of the Acts of 1902-3-4, is authorized and 
required to levy annually a sufficient tax to pay the principal 
and interest of said bonds as they fall due. Such levy is in 
addition to the annual levy authorized by law to be laid for 
general district school purposes, and may not exceed 25 cents 
on the $100.00 of the assessed value of the property in the 
district. Code, § 834a. 

City School Funds — 

The council of each city shall have power, and it shall be its 
duty, on or before the fourth Monday in July in each year, 
or as soon thereafter as practicable, to levy a tax upon the real 
and personal property in the city of not to exceed fifty cents on 
the hundred dollars, of its assessed value, or the council may, in 
its discretion, make an appropriation in lieu of such levy. Code, 
§ 1529. See also Acts 1906, p. 230, sub-sees. 17 & 21, Supple- 
ment 1910, p. 644, and constitutional provision, § 136, on p. 
56, ante. 

Local Capitation Tax — 

All State capitation tax in excess of $1.00 (see p. 130, ante) 
is returned to the county or city in which collected, to be used 
for such local purposes as the proper authorities may determine. 
Const., § 21. And the General Assembly is empowered by 
§ 173 of the. Constitution to authorize the board of supervisors 
of any coimty, or the council of any city or town, to levy an 
additional capitation tax, not exceeding: $1.00 per annum, on 
'^every resident w^ithin its limits," to be applied in aid of the 
public schools, or to such other county, city or town purposes 
as they shall determine. 

Retired Teachers' Fund — 

Tn order to provide a fund to pension teachers retired under 
the provisions of Acts 1910, ]i. 127, and Acts 1912, p. 655, all 
contracts with teachers in the public free schools of the State 



140 VIRGINIA LAWS CONCERNING EDUCATION 

must provide that the officer whose duty it is to pay them shall 
deduct monthly from their salaries a sum equal to one per 
centum thereof. See pp. 111-16, ante, for appropriations, and 
pp. 182-3 for other provisions. 

All persons pensioned under the said acts have deducted from 
their lirst year's pension an amount equal to 30% of the average 
salary earned by them respectively during the last five years 
they were teachers in the State, less any amounts they may have 
contributed to the fund ; the amounts so deducted to be used to- 
ward the creation of a permanent endowment for the retirement 
fund, only the income therefrom being used to pay pensions or 
other current expenses. 

The Real and Personal Property Taxable for Local Purposes 
Under the New Tax System of 1915 

(For classification of property under each head, see pp. 132-4, 
ante. ) 

Real Estate and Tangible Personal Property — 

The State tax on real estate and tangible personal property 
having been removed with the exception of one mill on the dol- 
lar for the public free school funds of the State, as hereinbefore 
stated, cities, counties, and towns are authorized to increase by 
25 cents on the $100.00 the maximum tax heretofore permitted 
to be levied against real estate and tangible personal property; 
this to include all such property when owned by individuals, in 
private or fiduciary capacity, mercantile firms, railroad and 
canal companies, and all other corporations, and every other 
interest, except as expressly exempted. See pp. 141-4. Acts 
Extra Session 1915, pp. 119, 146, 124, 197. 

Intangible Personal Property, Shares of Stock in Banks, Banking As- 
sociations, Trust and Security Companies, etc., etc. — 

Cities are now restricted to a levy of 30 cents on the $100.00 
of assessed value of intangible personal property described in 
stib-secs. 1, 2, 3, 4, 5 & 7 on pp. 133-4; to $1.15 on shares 
of stock in banks and banking associations, trust and security 
companies, and are permitted to levy no tax on money, incomes, 
municipal or State bonds, rolling stock of railroads operated by 
steam, and to charge no license to insurance com]ianies, or to 
companies operating dining, sleeping, or palace cars over the 
tracl's of the railroad conijianics o])erating in the State. Acts 
Extra Session 1915, pp. 49, 106, 112, 113, 119, 153, 160, 209. 



SOURCES OF LOCAL REVENUES 141 

In the counties the tax on intancrible personal property de- 
scribed in snb-secs. 1, 2, 3, 4, 5 & 7 on pp. 133-4 is limited to 
30 cents on the $100.00 for district road pnrposes, to be nsed 
exchisivelv for the construction and repair of pnblic roads and 
bridn-es located in the district in which the levy is made. Acts 
Extra Session 1915, p. 160. 

The shares of stock of banks, banking associations, trust and 
security companies, located in incorporated to^\Tis, are subject 
to a local levy of but 40 cents on the $100.00, to be expended 
by the su]iervisors only in those districts wherein such bank or 
banks are located. Acts Extra Session 1915, p. 209. 

Tax on Capital of Merchants and License Tax on Merchants, Mercantile 
Firms or Corporations — 

There may be no State tax levied on the capital of merchants, 
which is subject only to local taxation ; and cities and towns 
are not restricted from imposins; a license tax on merchants, 
mercantile firms or corporations, based on their purchases or 
otherwise, in pursuance of their respective charters or general 
laws of the State for the government of towns and cities. Acts 
Extra Session 1915, pp. ^119, 160. 

PROPERTY EXEMPT FROM ALL STATE AND 

LOCAL TAXATION 

Real Estate — 

The following real estate, and no other, shall be exempt from 
taxation. State and local : 

(a) Eeal estate directly or indirectly owned by the State, 
however held, and real estate lawfully owned and held by 
counties, cities, to'VYns, or school districts, used wholly and 
exclusively for county, city, town, or public school purposes. 

(b) Buildinirs, with land they actually occuuy, lawfully 
owned and held by churches or religious bodies and wholly and 
exclusively used for religious worship,, or for the residence of 
the minister of any such church or religious body, together with 
the additional adjacent land reasonably necessary for the con- 
venient use of any such building. 

(c) Private family burying-oTounds not exceeding one acre 
in area, reserved as such by will or deed, or shown by other 
sufficient evidence to be reserved as such and so exclusivelv used, 
and ])ublic burving-grounds, and lots therein exclusivelv used 



142 VIRGINIA LAWS CONCERNING EDUCATION 

for burial purposes and not conducted for profit, whether owned 
or managed bv local authorities or by private corporations. 

(d) Buildings, with the land they actually occupy, wholly 
devoted to educational purposes, belonging to and actually and 
exclusively occupied and used by churches, public libraries, 
incorporated colleges, academies, industrial schools, seminaries, 
or otlier incorporated institutions of learning, including the 
Virginia Historical Society, which are not corporations having 
shares of stock or otherwise owned by individuals or other 
corporations, together with such additional adjacent land owned 
by said churches, libraries, and educational institutions as may 
be reasonably necessary for the convenient use of such build- 
ings, respectively; and also the buildings thereon used as 
residences by the officers or instructors of such educational 
institutions : provided, that such libraries and educational 
institutions are not conducted for profit of any person or per- 
sons, natural or corporate, directly or under any guise or 
pretense whatsoever. But the exemption mentioned in this 
sub-section shall not apply to any industrial school, individual 
or corporate, not the property of the State, which does work for 
compensation or manufactures and sells articles in the com- 
munity in which such school is located: provided, that nothing 
herein contained shall restrict any such school from doing work 
for or selling its own products or any other articles to any of 
its students or employees. 

(e) Beal estate belonging to, actually and exclusively occu- 
pied and used by Young Men's Christian Associations and other 
similar religious associations, orphan or other asylums, reforma- 
tories, hospitals, and nunneries, which are not conducted for 
profit, but purely and completely as charities. 

(f) Buildings, with the land they actually occupy, belong- 
ing to any benevolent or charitable association and used 
exclusively for lodge purposes or meeting rooms by such asso- 
ciation, together with such additional adjacent land as may be 
necessary for the conveneint use of the buildings for such pur- 
poses ; and 

(g) Real estate belonging to the Association for the Preser- 
vation of Virginia Antiquities, the Confederate Memorial Liter- 
ary Society, and the Mount Vernon Ladies' Association of the 
Union. 

No inheritance tax shall be charged, directly or indirectly, 
against any legacy or devise made according to law for the bene- 



SOURCES OF LOCAL REVENUES 148 

fit of any institution or other body or any natural or corporate 
person whose property is exempt from taxation as mentioned in 
this chapter. 

Nothing contained in this chapter shall be construed to 
exempt from taxation the ]^roperty of any person, firm, associa- 
tion, or corporation who shall, expressly or impliedly, directly 
or indirectly, contract or promise to pay any sum of money or 
other benefit on account of death, sickness, or accident to any 
of its members or any other persons ; and whenever any build- 
ing or land, or part thereof, mentioned in this section and not 
belonging to the State shall be leased or shall be a source of 
revenue or profit, all of such buildings and land shall be liable 
to taxation as other land and buildings in the same county, 
city, or town ; and nothing herein contained shall be construed 
as authorizing or requiring any county, city, or town to tax for 
county, city, or town purposes, in violation of the rights of the 
lessees thereof existing under any lawful contract heretofore 
made, any real estate owned by such county, city, or town, and 
heretofore leased by it. Code, § 457. 

Personal Property — Tangible and Intangible — 

The following personal property, and no other, shall be 
exempt from taxation, State and local : 

(a) Property directly or indirectly owned by the State, 
however held, and property lawfully owned and held by 
counties, cities, towns, or school districts used wholly and exclu- 
sively for county, city, town, or public school purposes, and 
obligations issued by the State since the fourteenth day of 
February, eighteen hundred and eighty-two, or hereafter 
exempted by law. 

(b) The furniture and furnishings of buildings lawfully 
owned and held by churches or religious bodies and wholly and 
exclusively used for religious worship or for the residence of 
ministers of any such church or religious body. 

(c) The furniture, furnishings, books, and instruments 
contained in buildings wholly devoted to educational purposes, 
belonging to, and actually and exclusively used by churches, 
public libraries, incorporated colleges, academies, industrial 
schools, seminaries, or other incorporated institutions of learn- 
ing, including the Virginia Historical Society, which are not 
corporations having shares of stock or otherwise owned by indi- 
viduals or other corporations, and also the permanent endow- 



14-1: VIRGINIA LAWS CONCERNING EDUCATION 

ment funds held by such libraries and educational institutions^ 
directly or in trust and not invested in real estate; provided, 
that such libraries and educational* institutions are not con- 
ducted for profit of any person or persons, natural or corporate, 
directly or under any guise or pretense whatsoever. But the 
exemption mentioned in this sub-section shall not apply to any 
industrial school, individual or corporate, not the property of 
the State, which does work for compensation or manufactures 
and sells articles in the community in which such school is 
located : provided, that nothing herein contained shall restrict 
any such school from doing work for or selling its own products 
or any other articles to any of its students or employees. 

(d) Personal property, including endowment funds, not 
invested in real estate, belonging to Young Men's Christian 
Associations and other similar religious associations, orphan or 
other asylums, reformatories, hospitals, and nunneries, which 
are not conducted for profit, but purely and completely for 
charities. 

(e) The furniture and furnishings of buildings belonging 
to any benevolent or charitable association and used exclusively 
for lodge purposes or meeting rooms by such association. 

(f ) Personal property belonging to the Association for the 
Preservation of Virginia Antiquities, the Confederate Memorial 
Literary Society, and the Mount Vernon Ladies' Association of 
the Union. Code, § 488. 

Under constitutional restriction of its powers, the General 
Assembly has no authority to impose any tax upon property 
lawfully owned and held by counties, cities, towns, or school 
districts, used wholly and exclusively for county, city, town, or 
public school purposes, and obligations issued by the State 
since February 14, 1882, or hereafter exempted by law. Const., 
§ 183a. 



GIFTS, GRANTS, DEVISES, AND BEQUESTS 145 



CHAPTER X 



FUNDS FOE EDITCATIOX DEEIVED FEOM GLEBE LANDS 
AND CHUECH PEOPEETY, AND FEOM GIFTS, GEANTS, 
DEVISES, AND BEQUESTS 



Glebe Lands and Church Property 

The Act of January 12, 1802, "concerning the glebe lands 
and churches within this Commonwealth," provides that 
"Whereas the general assembly on the twenty-fourth day of 
January, one thousand seven hundred and ninety-nine, by their 
act of that date, repealed all laws relative to the late protestant 
episcopal church, and declared a true exposition of the prin- 
ciples of the bill of rights and constitution respecting the same, 
to be contained in the act entitled 'An act for establishing 
religious freedom f thereby recognizing the principle that all 
property formerly belonging to said church, of every descrip- 
tion, devolved on the good people of this commonwealth on the 
dissolution of the British government here, in the same degree 
in which the right and interest of the said church was derived 
therein from them. And although the general assembly 
possesses the right of authorizing a sale of all such property 
indiscriminately ; yet being desirous to reconcile all the good 
people of this commonwealth, it is deemed inexpedient at this 
time to disturb the possession of the present incumbents." 

It was therefore enacted that the overseers of the poor in 
each county wherein any glebe land was vacant, or should be- 
come so by the death or removal of any incumbent, should have 
full power and authority, and they were by said act directed, 
to sell all such lauds and appurtenances, and every otber s])ecies 
of property incident thereto ; the proceeds thereof to be appro- 
priated either to the poor of such parish, or to any other pur- 
pose which a majority of the freeholders and housekeepers 
therein might direct, "by a writing from' under their hands 
addressed to said overseers." 

Nothing in said act was to be construed as authorizing an 
appropriation to any religious purpose whatsoever; nor as af- 



10 



146 VIRGINIA LAWS CONCERNING EDUCATION 

fecting a sale of the churches, and the property therein con- 
tained, or the church yards, or in any other manner, any private 
donation made prior to the 1st day of January, 1777, for church 
and other purposes, where there was any person in being 
entitled to take the same under any private donor ; nor to affect 
property of any kind acquired by private donations or subscrip- 
tions by said church after the said last-mentioned date. Act 
January 12, 1802, Statutes at Large {New Series), Vol. II, 
p. 314. 

According to the spirit of the Act of January 12, 1802, no glebe 
land was to be considered vacant, and as such liable to be sold and 
taken possession of by the overseers of the poor, if there was any 
minister who in behalf of the Protestant Episcopal Church had been 
in possession and was the incumbent thereof on that day. 
Claiighton, et al., v. McNaughton, 2 Munford 513. 

The majority of the qualified voters of a county entitled to 
vote therein for a delegate to the General Assembly may, by 
election duly held, appropriate to any purpose, other than 
religious, any glebe lands or churches, or the proceeds thereof, 
which have not been applied to some particular object under a 
local statute passed for the purpose, held by the overseers of the 
poor under Act of January 12, 1802, or under any other act. 
Code, § 1396. 

All glebe lands and church property appropriated under said 
§ 1396 for education in any county, corporation, or school 
district, vest in the school board thereof, and when given to a 
school district, vest in its school trustees as a corporate body, 
to be managed and applied by them according to the wishes of 
the donor, under regulations prescribed by the county or city 
school board; the revenue therefrom must be applied subject 
to the same ])enalties and under the same regulations as are 
prescribed in respect to that portion of the literary fund allotted, 
to such countv, corporation, or school district. Code, §§ 1419, 
1447, p. 109.' 

Validity of Gifts, Grants, Devises, and Bequests for Purposes 

of Education 

By Act of April 2, 1839 (p. 11), the General Assembly 
authorized the making of devises and bequests for the establish- 
ment or endowment of unincorporated schools, academies, and 
colleges for the educati(^n of free white persons, nnd ]u-escribed 
the mode of enforcing such trusts, but, by § 7, provided that 



GIFTS, GRANTS, DEVISES, AND BEQUESTS 147 

the said act should not be so construed as to give validity to any 
devise or bequest to a theological seminary. 

By the sixth section of Act of March 10, 1841 (p. 52), the 
General Assembly further authorized any person (by gift in his 
lifetime, or by last will and testament) to give property to the 
president and directors of the literary fund for the use of any 
county or incorporated city or town, or directly to such county, 
city, or town, and directed that the same might be taken and 
held by said officers of the literary fund, or by the county or 
corporation courts, as the case might be, ^^to be disposed of in 
manner and form, to all intents and purposes, as such testator 
or testatrix may have prescribed," providing, however, that all 
such gifts or devises should be restricted to literary or educa- 
tional purposes, but making no mention of theological semi- 
naries. 

The chief object of the said act was to give effect to Martin 
Dawson's will, devising the balance of his estate for purposes of 
education in Albemarle and Nelson Counties. See Literary Fund V. 
Dawson, et al., 10 Leigh 153. 

Upon the revision of the laws in 1849, these two acts were 
combined and digested, and constitute Chapter 80 of the Code 
of 1849. 

By Act of March 28, 1873 (p. 243), § 2 of Chapter 80 of 
the Code of 1849 was amended so as to extend its benefits to 
colored persons. 

The above provisions are now incorporated into Chapter 65 
of Pollard's Code of 1904, and § 1420 of that chapter was 
amended by Act of March 24, 1914, so as to cover gifts for 
charitable purposes. That section as it now stands is as follows, 
the changes by the last amendment indicated by italics: 

^'Section 1420. Every gift, grant, devise, or bequest which, 
since the 2d day of April, 1839, has been, or at any time here- 
after shall be, made for literary purposes, or for the education 
of white persons within this State, and every gift, grant, devise, 
or bequest which since the 10th day of April, 1865, has been, 
or at any time hereafter shall be, made for literary purposes, or 
for the education of colored persons within this State, and every 
gift, grant, devise, or bequest hereafter made for charitable pur- 
poses, whether made in any case to a body corporate or unin- 
corporated, or to a natural person, shall be as valid as if made 
to or for the benefit of a certain natural person, except such de- 
vises or bequests, if any, as have failed or become void by 



14S VIKGINIA LAWS CONCERNING EDUCATION 

virtue of the Ttb clause of the act of assembly passed on the 
2d day of April, 1839, entitled an act concerning devises made 
to schools, academies, and colleges. Nothing in this section 
shall be so construed as to give validity to any devise or bequest 
to or for the use of any unincoi^:)orated theological seminary." 

When such gift, grant, devise, or bequest is to the State Board 
of Education, or any other corporation, or any county or natural 
person, the subject must be taken and held by them re- 
spectively ; or when no trustee has been appointed, or the trustee 
dies or refuses to act, the court having jurisdiction, may, on the 
motion of the attorney for the Commonwealth, appoint one or 
more trustees to execute the trust. In either case, the subject 
of the trust must be taken and held for the uses prescribed by 
the donor, grantor, or testator, or, in any particular case, by any 
law passed since said Act of April 2, 1839 ; and the trustees 
may sue and be sued in the same manner as if they were trustees 
for the benefit of a certain natural person. Where there is no 
other party capable of prosecuting such suit, for the execution 
of such a trust, a suit may be maintained in the name of the 
Commonwealth. 

It is the duty of the attorney for the Commonwealth to 
institute all necessary proceedings, to have admitted to record 
any will creating such a trust, and to make the motion for the 
appointment of trustees as above provided. For his services 
the court may allow reasonable fees to be paid him out of the 
trust subject.' Code, §§ 1421-22-23-24. 

The General Assembly reserves the right to suspend or re- 
peal, at any time, the authority given by said § 1420 ; but in 
that event provision must be made whereby such devise or be- 
quest will vest in whomsoever would have been entitled thereto 
had the devise or bequest not been made. Code, § 1426. 

Gifts, Devises, and Bequests to Corporations 

Corporate ])owers embrace the power to take and hold real 
and personal property, including such as may be derived by 
gift, devise, or bequest. Code, § 1105e (2-d). 

See pp. 39-41, 75-89, ante, for formation of school boards, and 
boards of visitors or trustees of institutions educational in character, 
as corporate bodies. 



GIFTS, GRANTS, DEVISES, AND BEQUESTS 149 

Donations in School Districts 

Any real or personal property, given, devised, or bequeathed 
to any school board, in county or city, vests in, and must be 
managed and controlled by, such board in accordance with the 
wishes of the donor or testator. 

In case of any change in the boundaries of a district, it be- 
comes the duty of the county school board to make provision for 
continuing the fulfillment of the purpose of the donor or 
testator. Code, §§ 1447, 1483 ; p. 48. 

Special Statutory Provisions Concerning Donations to State 
Institutions of Learning 

University of Virginia — 

Any person may deposit, or grant or bequeath to be deposited, 
in the State treasury, property, or the proceeds of its sale, in 
sums of not less than $100.00, for the benefit of the University, 
to be invested in bonds of Virginia or the United States, or of 
any other State of the Union. In such case, the interest, or 
dividends therefrom, must be paid to the rector and visitors, to 
be used for the general purposes of the University, unless some 
particular object is designated by the donor. Code, § 1557. 

If some particular object is designated at the time of such 
deposit, by writing filed with the State treasurer (which may 
be recorded as a deed conveying land is recorded), or in the 
will of the testator, the income arising from such fund must 
then be appropriated to the purpose so designated, and to none 
other ; or, if the donor or testator so direct, the income may 
be re-invested by the State treasurer from time to time for such 
period as the donor may have prescribed, not exceeding thirty 
years. At the expiration of the prescribed period, or of thirty 
years, whichever happens first, the fund with its accumulations 
must be paid over to the rector and visitors of the University, 
or the income therefrom, as the donor may have directed, to be 
employed as directed by the donor, and not otherwise. And the 
rector and visitors must render accounts thereof to each session 
of the General Assembly. Code, § 1558. 

Such donations are irrevocable by the donor or his repre- 
sentatives; but the authorities of the University, within one 
year after being notified thereof by the State treasurer, may 
give him notice that they decline to receive the benefit of such 
deposit, and the same, with all accretions, must in such case 



150 VIRGINIA LAWS CONCERNING EDUCATION 

be thereafter held subject to the order of the donor or his legal 
representatives; or, if at any time the object for which the 
donation was intended fail, so that its purpose is permanently 
frustrated, the unexpended principal and interest shall revert 
to and be vested in the donor or his legal representative. It is 
the duty of the State treasurer to give notice to the University 
authorities immediately upon such deposit being made. Code, 
§ 1559. 

Should a donor reserve to himself or to any other person the 
power to nominate to any professorship, scholarship, or other 
place or appointment in the University, or do any other act 
connected therewith, and thereafter fail at any time for as long 
as six months to make such nomination in writing, the board of 
visitors may, at its discretion, proceed to make it. Code, § 1560. 



Coordinate College for Women of the University of Virginia — 

In contemplation of the establishment of such an institution, 
authority was given to the city of Charlottesville, and the county 
of Albemarle, each, to donate $25,000.00 toward a site for the 
proposed college. Acts 1914, pp. 677, 678; p. 168. 

Virginia Polytechnic Institute — 

It is lawful for the board of visitors of the Y. P. I. to accept 
subscriptions from any county irtade under the Act of March 
21, 1872 (p. 338), authorizing subscriptions in aid of the said 
institute; and also to accept the donation of any individual in 
aid of its purposes and objects. 

Such donations must be held by the said board in trust for 
the benefit of the institution, but upon condition that the same 
shall revert to the several donors or subscribers, pm^i passu, if 
at any time the State of Virginia withdraws from the use of the 
V. P. I. the interest accruing on the proceeds of the land scrip, 
as provided by §§ 1586, 1607. Code, § 1601. 

Virginia Normal and Industrial Institute — 

Any person may deposit in the treasury of the State, or be- 
queath money, stocks, or bonds to be deposited, or grant, devise, 
or bequeath property, real or personal, to be sold, and the pro- 
ceeds so deposited, for the benefit of the Virginia Normal and 
Industrial Institute. Such property must be invested as the 
donor may indicate, or the board of visitors may see proper, 
and the interest or dividends accruing thereon must be placed to 
the credit of the treasurer of the institute, on the order of the 



GIFTS, GRANTS, DEVISES, AND BEQUESTS 151 

board of visitors, to be used for tbe purposes tbereof, unless 
some particular appropriation be designated by the donor or 
testator; in which case such particular use or appropriation 
must be respected. Code, § 1613(13). 

The Virginia State School for Colored Deaf and Blind Children — 

The board of visitors of the Virginia State School for Colored 
Deaf and Blind Children is capable in law and in trust for the 
institution of receiving donations, real and personal, as well 
from bodies corporate and persons associated as from private 
individuals. 

Acts 1906, p. 248, Supplement 1910, p. 656. 

Scholarships in Colleg-es — 

The board of visitors of the University of Virginia, the 
trustees of the Washington and Lee University, the board of 
visitors of the Virginia Military Institute, and the corporate 
authorities of all colleges in the State may establish scholar- 
ships in their respective institutions, under such regulations as 
they may prescribe. Code, § 1642. 

The society of alumni of any such institution may provide 
for and maintain a scholarship therein, by annual contributions, 
under such regulations as may be prescribed by the corporate 
authorities. Code, § 1646. 

Whenever any person gives, devises, or bequeaths property 
to be deposited in the State treasury for the benefit of such an 
institution to such an amount that the interest thereon will be 
sufficient to educate and maintain therein one or more cadets or 
students, the said fund must be invested in State bonds in the 
name, and for the benefit, of said institution. Code, § 1643. 

Such donations must be irrevocable, but the donor or his heirs 
shall have the right to nominate and place in such institution 
one or more cadets or students, according to the regulations 
above. Code, § 1644. But if for one year they fail to make a 
nomination, the corporate authorities may appropriate the in- 
come from the said fund to the education and maintenance of 
indigent cadets or students to be selected by them from the 
State at large. Code, § 1645. 

The State Library — 

The board of directors of the State library is authorized to 
acquire by gift, as well as by purchase, exchange, or loan, books. 



152 VIRGINIA LAWS CONCERNING EDUCATION 

maps, portraits and relics pertaining to the history of the State 
and her citizens, and to science, literature and law. Code, 
§ 254. 

Public Free Libraries in Cities and Towns — 

Any person desiring to make donations of money, personal 
property, or real estate for the benefit of a public free library 
incorporated in a city or town under the provisions of § 1043a 
(p. 99) has the right to vest the title to the money or real 
estate so donated in the board of directors, by its proper legal 
designation, created under this act, to be held and controlled 
by such board, when accepted, according to the terms of the 
deed, gift, devise, or bequest of such property, and as to such 
property the said board shall be considered as special trustees. 
Code, § 1043a. 



REAL ESTATE AND TANGIBLE PERSONAL PROPERTY 153 



CHAPTER XI 

REAL ESTATE AND PEESONAL PROPERTY HELD FOR 
THE BENEFIT OF THE PUBLIC FREE SCHOOL 
SYSTEM AND STATE INSTITUTIONS EDUCATIONAL 
IN CHARACTER 



Public Free School Houses, Grounds, Furniture, and Appliances 

It is the duty of district school boards to provide suitable 
school houses, with proper furniture and appliances, in accord- 
ance with § 1433(6) of the Code, and to care for, manage and 
control the school property of the district. For these pur- 
poses they may lease, purchase or build such houses according 
to the exegencies of their respective districts and the means at 
their disposal. Code, §§ 1466(9), 1538(10). 

Section 1433(6) empowers the State Board of Education to 
"select" text books and educational appliances for use in the public 
schools of the State. 

In the case of Commonwealth v. School Board, 109 Va., 346, 
which went up from Norfolk, the Supreme Court, in construing; 
§§ 1433(6), 1466(9), and 1538(10) of the Code in connection with 
§ 136, and other sections, of the Constitution, held § 1433(6) 
valid and not in conflict with §§ 1466(9) and 1538(10), which give 
to school boards the power and duty of "providing" school furni- 
ture, etc. 

Specifications for Public Free School Buildings — 

'No school house mav be contracted for, or erected, until the 
site, location, plans, and specifications therefor have been sub- 
mitted to, and approved in writing by the division superin- 
tendent of schools, whose action in such cases must be reported 
by him to the State Board of Education. Code, § 1489. 

No plans for school buildings or additions thereto may be 
approved bv the State Board of Inspectors for public school 
buildings unless they provide at least 15 sq. ft. of floor space 
and 200 cu. ft. of air space for each pupil to be accommodated 
in each study or recitation room therein ; nor unless provision 
is made therein for at least 30 cu. ft. of pure air every minute 
per pupil, and the facilities for exhausting the foul and vitiated 
air therein are positive and independent of atmospheric changes. 



154 VIRGINIA LAWS CONCERNING EDUCATION 

All ceiling must be at least 12 feet high. 

All stairways must be constructed with straight runs, changes 
in direction to be made by platforms ; and all halls, doors, stair- 
ways, seats, passageways and aisles, and all lighting and heating 
appliances and apparatus must be so arranged as to make egress 
easy and to provide protection in cases of lire or accident. All 
exit doors in school houses of two or more stories must open 
outwardly, and no door may open immediately upon a flight of 
stairs, but a landing at least the width of the door must be pro- 
vided between the stairs and the doorway. 

All school houses must provide for light from the left, or 
left and rear, of pupils, and the total light area must be 25% 
of the floor space. 

At least two suitable closets, or outhouses, must be provided 
for every public school, and kept in a clean and wholesome con- 
dition. If erected within the building they must be suitable, 
convenient, and sanitary water closets. Outside closets must be 
entirely separated from each other and have separate means of 
access. Acts 1908, p. 266, Supplement 1910, p. 758. See 
Appendix, pp. 259-61, for Rules of State Board of Health. 

Fire Escapes. — All school houses over three stories high 
must provide for a safe exit in case of fire, by the erection or 
construction of fire escapes of the most approved modern de- 
sign, to be selected by the council in cities, and the board of 
supervisors in counties, under penalty upon owner and council 
or supervisors for failure to comply. Code, § 1067a. 

Officers and teachers may not have pecuniary interest in 
school property. — l^o member of the State Board of Education, 
or any other school officer or teacher may have any pecuniary 
interest, directly or indirectly, in any contract for building a 
public free school house, nor in furnishing the materials, equip- 
ment, furnishings or appliances, labor, goods, wares or merchan- 
dise of any kind, or in supplying books, maps, school furniture 
or apparatus used in the public schools, or receive, directly or 
indirectly, any profit or emolument from any contract of sale 
for school purposes, except their respective contracts of em- 
ployment, under penalty of removal from position and a fine of 
not less than $10.00 nor more than $500.00. Except that the 
State Board of Education may, in its discretion, make specific 
arrangements whereby a school officer or teacher may enjoy the 
benefits and proceeds from any book, map, furniture or ap- 



REAL ESTATE AND TANGIBLE PERSONAL PROPERTY 155 

pliance or apparatus of which he is the author or inventor, and 
that merchants in the regular course of trade may sell, without 
soliciting personally or through agents, the adopted books, or 
other supplies used in public schools or by the pupils. Code, 
§ 1472. 

Sanitation and Disinfection — 

The State Board of Health is empowered by Act of As- 
sembly to make and enforce reasonable rules and regulations 
from time to time, providing for the thorough sanitation and 
disinfection of all school buildings. Violations of any rule of 
said board made in pursuance of said act are punishable as 
misdemeanors. Acts 1910, p. 269, Supplement 1910, p. 905. 

Condemnation of Unsuitable Buildings — 

'No public school may be allowed in any building which is not 
in such condition and provided with such conveniences as are 
required by a due regard to decency and health ; and when a 
school house appears to a division superintendent of schools 
to be unfit for occupancy, it is his duty to condemn it, and to 
immediately give notice thereof in writing to the chairman of 
the district school board. Thenceforth until the division 
superintendent shall certify in writing to the school board that 
he is satisfied with the condition of the building and its ap- 
pliances no public school may be held therein, nor any part of 
the State or local funds applied to support any school in such 
house. Code, §§ 1489, 1538. 

Purchase of Real Estate by School Boards — 

All contracts for the purchase of real estate by school boards 
must be in writing, and no such contract is valid until the title 
has been examined and approved by a competent and discreet 
attorney-at-law, designated by the judge of the circuit court for 
the circuit wherein the real estate is located, to whom reason- 
able compensation, fixed by the said court, must be paid by the 
school board making the purchase. Such attorney's written ap- 
proval of the title must be recorded in the clerk's office along 
with the deed or other papers conveying title. If he refuses 
to approve the title, his written disapproval must be filed with 
the clerk of the court. 

Right of appeal from his decision to the circuit court, or the 
judge in vacation, lies with the board of supervisors, or any 



156 VIRGINIA LAWS CONCERNING EDUCATION 

three citizens of the county, who may of right further appeal 
from the decision of the lower court to the Court of Appeals. 
Code, §§ 824, 1488. 

Condemnation of Property for Purposes of Education — 

If, in the judgment of a district school board, the public inter- 
ests demand that a school house be located on a particular spot, 
and no equitable arrangements for its purchase prove practi- 
cable, the board has the power and duty, under the laws relat- 
ing to the exercise of the right of eminent domain, of acquiring, 
after proper survey and plat, land not exceeding one acre in 
town or five acres in the country ; provided that, except by con- 
sent of owner, no dwelling, yard, garden or orchard be invaded, 
nor in the country, space within 200 yards of a mansion house. 
Code, § 1488. 

If the court, or the board of supervisors of any county, the 
council of any city or town, the trustees of any school district, 
the Institution for the Deaf and Blind, any of the State hos- 
pitals, the University of Virginia, the Virginia Military Insti- 
tute, or other institution of the State, cannot agree on the 
terms of purchase with those entitled to any land necessary to 
be taken and used for the purposes of such county, city, or town, 
or school district, or of any of said institutions, because of the 
incapacity of the owner or inability to agree with him upon 
price or terms, or because he cannot with reasonable diligence 
be found in this State, or is unknown, they, or any of them, 
may acquire the same by condemnation proceedings. The 
term ''land" is meant to include all dwelling houses, buildings, 
or structures thereon, and any sand, earth, gravel, water, or 
other material necessary to be used as aforesaid. Code, § 
1105f(25). 

A State institution may condemn a dwelling in the exercise of its 
right of eminent domain. School Board v. Bcrger, 114 Va., 491, 
16 Va. Law Register, 735, 19 Va. Law Register, 228 and notes. See 
Code, §§ 1546, 1547 (U. Va.), 1585 (V. M. I.). 

Except by consent of the General Assembly, lands belonging 
to, or attached to the site, or used for the ])urposes of, any uni- 
versity, college or other seminary of learning, owned or con- 
trolled by the State, are not subject to condemnation. Code, 
§ 1105f(24). See p. 102. 



REAL ESTATE AND TANGIBLE PERSONAL PROPERTY 157 

Title to Property held for Public Free Schools 

Title to all school property, both real and personal, vests in 
the county, district, or city school boards ; exce])t that in cities 
it may, by mutual consent of council and school board, vest in 
the muni'cipalitv. Code, §§ 1447, 1482, 1525. See also § 
1538(15). 

The following real and personal property vests in the county 
or district school board of any county or district entitled to the 
benefits thereof, unless inconsistent with the grant or devise, 
upon such terms and conditions for the security of the same as 
the circuit court of the county may prescribe : 

(a) Property held by individuals by virtue of their office of 
school commissioner or overseers of the poor of any of the 
counties of this Commonwealth, except the county of Loudoun, 
under any act heretofore passed by the General Assembly of 
Virginia, acquired or derived from the sale of glebe lands, or 
from any other source formerly belonging to any of the said 
counties, and applicable to school purposes. 

(b) Such property in any of the said counties as belonged 
to the former board of the literary fund, together with any 
other funds or property which had in any manner been set 
apart for school purposes, but which has been practically 
abandoned or is without trustees. 

(c) Any flmds or property that may be hereafter set apart 
solely for county school purposes, and all donations by will, 
deed, or other conveyances, heretofore or hereafter made for 
county or district school purposes, the lot and school building 
and all the real and personal property acquired for the use of 
a county or district high school, or for the maintenance thereof. 

When not inconsistent with the terms of the grant or devise, 
it is the duty of the school board in charge to invest and manage 
the said property, and apply the profits thereof for the purpose 
of education in the same manner and under the same restrictions 
as the general school fund of the State is applied under the 
general school law; except that any such school board is 
authorized to apply such portions of the profits of the funds 
as in its judgment may be necessary, to the erection of school 
houses, or to the purchase of school apparatus, for the use of 
the schools of the county. If such fund does not exceed in 
amount the sum of $2,000.00, the said board may, if deemed 



158 VIRGINIA LAWS CONCERNING EDUCATION 

expedient by it, use a part, or the whole, in the erection of 
school houses in the county or district, or in paying any debt 
incurred by said board in the erection of school houses : pro- 
vided such disposition is not in conflict with the will of the 
grantor or testator. 

In cases where donations or other funds have been set apart 
for the education of the poor, the county school board is 
authorized to receive and apply the same in connection with the 
public free schools in obedience to the will of the donor. 

Nothing in this law contained may be contrued to apply to 
the 25th clause of the will of Samuel Miller, or in any wise to 
affect or impair any rights or interest whatsoever, either public 
or private, arising under said clause, or to any fund now held 
by the Charlottesville district school board of Albemarle 
County, known as district number five. 

Code, § 1447j as amended March 14, 1908. See p. 48, and 
§§ 887, 888, 1425, 1649, 1650, 1650a of the Code. 

Joint Ownership of School Property by Adjacent Districts — 

School boards of adjacent districts have power, subject to 
consent obtained from the State Board of Education, to pur- 
chase, take, hold, and convey school property, both real and per- 
sonal, in either district, for joint schools, the title thereto to 
vest in the school boards jointly. Acts 1914, p. 278, Biennial 
1914, p. 426. 

Sale or Exchange of Public Free School Property 

If the sale or exchange of any school property is adjudged 
desirable by any county, district, or city school board, it may 
petition the court having jurisdiction, or its judge in vacation, 
for leave to so dispose of it, and upon evidence produced that 
the sale or exchange is a proper one, the court, or the judge in 
vacation, must make such order as may be proper, providing 
therefor. The sale of such property must be by way of public 
auction to the highest bidder, after due notice of the time and 
place of sale, made known by posting notices in the school dis- 
trict or city in which it is located, and the court must make 
order for the proper use or investment of the proceeds of any 
such sale so made, and such order as to the costs of sale as, in its 
discretion, may be proper. The deed to district school property, 



REAL ESTATE AND TANGIBLE PERSONAL PROPERTY 159 

sold or exchanged, is made by the district school trustees. Code, 
§ 1466a. See § 1447. 

In Jefferson v. School Board, 113 Va., 266, 74 S. E., 164, the 
Supreme Court held that the court may require the trustees to 
report their proceedings to the court in order that it may determine 
whether the sale has been made in obedience to the provisions of 
the law; and confirmation of the sale may be refused upon a 
unanimous report of the trustees that the property has not brought 
a fair price. 

Where, in the extension of the corporate limits of a city, 
compensation is allowed for any school house or houses, the 
district school board of the district from which the territory 
was taken has authority to use the compensation so allowed for 
acquiring lands for public school buildings, and for the erection 
and equipment of other school buildings. Code, § 1014a. 

Bond Issues and Loans for School Building 
See pp. 162-6. 

School Buildings as Social Centres 

^^When a responsible resident citizen of any school district 
may apply to any school trustee of said district for the use of 
a school house, to be used when the school is not in session in 
term time, or in vacation, by any lawful assembly of educa- 
tional, agricultural, civic or social bodies, organizations, or 
gatherings, the said trustee may grant the use of said building ; 
and if said trustee refuse the use of the same, he shall state 
his decision in writing, and, if a demand, signed by five free- 
holders of said district, be then presented to the chairman of 
said district school board, the said chairman shall promptly 
call a meeting of the district school board to consider the request 
for the use of said building and whether the use thereof shall 
be granted to said freeholders, who shall be responsible for the 
use and care of said school property and of avoidable damages 
and the return of the key to the teacher of the said district, if 
school be in term, or to the trustee of said district in vacation. 
An appeal of right shall lie from the the decision of the district 
school board to the school trustee electoral board of the county 
in which the school house is located, the decision of the said 
last-named board to be final." Acts 1914, p. 255, Biennial 
1914, p. 422. 

Qnere: To whom may appeal be made from the decision of a city 
school board? 



160 VIEGINIA LAWS CONCERNING EDUCATION 

Employment of Counsel to Protect Property 

County, district, and city school boards hav^e authority to 
employ counsel and provide for and direct the payment of 
attorneys' fees whenever necessary for the protection of the 
public schools of the county, or any school district, from loss or 
detriment from any cause, but no such fee may be allowed or 
paid until approved bv the court in which the litigation is had. 
Code, § 1447. 

Property of State Institutions Educational in Character 

It is the duty of boards of visitors to care for and preserve 
the property belonging' to their respective State institutions. 
Code, §§ i546 (U. Va.), 1567, 1583 (V. M. L), 1596 
(V. P. L); Acts 1906, p. 94, Supplement 1910, p. 573 
(W. & M. C.) ; Acts 1914, p. 567, Biennial 1914, p. 461 (Va. 
formal School Board), § 1613 (Y. X. & I. L). 

'No person who is a member of the board of vistors of any 
State institution, or a trustee of any public trust or fund, or a 
salaried officer, employee or agent of either, may make, or be 
interested in, any contract with such institution, or with the 
governing authority of such public trust or fund, in any manner 
or form, for furnishing supplies, or for performing any work 
for said institution or for said governing authority of said trust 
or fund. 

Any person violating the provisions of this section is subject 
to a fine not exceeding $500.00. Code, § 1647. 

Property Register — • 

The chief officers of every State institution are required to 
keep a book in which they must cause to be registered all the 
property of the State at their respective institutions, with a 
careful description thereof, for the information of their boards 
of visitors, or trustees, and others interested. Penalty for fail- 
ure to obey this law is a fine of $50.00. Code, § 1648. 

Powers of Eminent Domain — 

See pp- 102, 156, ante. 
University of Virginia — 

Note to § 1541 of the Code: The University of Virginia, though 
controlled by a corporation, is a public institution. Its grounds and 
buildings are the property of the State, used for public purposes. 
rhilip V. U. Va., 97 Va., 475. 



REAL ESTATE AND TANGIBLE PERSONAL PROPERTY 161 

Virginia Military Institute — 

The arsenal and all its grounds and buildings shall be con- 
sidered as belonging to the institute. Code, § 1567. 

Virginia Agricultural and Mechanical College and Polytechnic 
Institute — 

If at any time the land-grant annuity is withdrawn from 
this institution by the General Assembly, the real and personal 
property conveyed and appropriated to its use and benefit by 
the trustees of "Preston & Olin Institute" and by the county of 
Montgomery will, under the terms of the grants, revert to said 
trustees and to the county, respectively, from which it was 
conveyed and appropriated. Code, § 1588. See Acts March 
19, 1872 (p. 312), giving conditions upon which the annuity 
was granted. Donations and subscriptions made to said college 
at any time must be held by the board of visitors in trust for the 
benefit of the college upon condition that they revert to the 
donors or subscribers if at any time the said annuity is with- 
drawn. Code, § 1601. 



n 



162 * VIRGIIs'IA LAWS CONCERIS^IIS^G EDUCATION 



CHAPTER XII 

LOANS AND BONDS ISSUES IN AID OF THE PUBLIC 
FEEE SCHOOL SYSTEM AND STATE INSTITUTIONS 
OF LEARNING 



Constitutional Limitation of the Power of a City or Town to Incur 

Indebtedness 

No city or town may issue bonds, or other interest-bearing 
obligations to an amount which, including existing indebtedness, 
exceeds 18% of the latest assessed valuation of the real estate 
therein subject to taxation; provided, however, that this pro- 
vision shall not apply to cities and towns whose charters existing 
at the time of the adoption of the Constitution of 1902 authorize 
a larger percentage of indebtedness, and provided further that 
in determining the limitation of power to incur indebtedness the 
following classes of obligations shall not be included: 

(a) Unmatured obligations, issued in anticipation of the 
collection of the current year's revenues in an amount not 
exceeding the annual revenue of such city or town, and falling 
due within one year from their date of issue. 

(b) Bonds issued by authority of an ordinance enacted by 
the council of a city or town under § 123 of the Constitution, 
and approved by the affirmative vote of a majority of the quali- 
fied voters therein, cast at a general or special election, on the 
question of the issuance of bonds to provide a water supply, or 
other specific undertaking, from which the municipality may 
derive a revenue; provided that in cases where such undertak- 
ing fails after a period (to be determined by the council, but 
not to exceed five years) to produce sufficient revenue to pay the 
costs of operation and administration and provide an adequate 
sinking fund, said obligations may not be included in determin- 
ing the limitation of power to incur indebtedness, unless the 
principal and interest of the bonds be made payable exclusively 
from the receipts of the undertaking. 

Const., § 127. 



LOANS AND BONDS ISSUES 163 

Power of Towns to Issue Bonds for School Improvement 

Any town in Virginia may, for the purpose of providing for 
the erection or improvement of school buildings, submit to the 
qualified voters thereof (in the manner prescribed by law 
entitled '^An act to provide for holding elections in towns upon 
questions of bond issue," passed April 27, 1903, and amended 
November 25, 1903) the question of such bond issue. Upon an 
affirmative vote the town may borrow, upon the faith and credit 
of its property, a sum or sums not to exceed in the aggregate 
18% of the assessed value of its real estate subject to taxation, 
as shown by the last assessment and issue bonds therefor; pro- 
vided such bonds be not sold for less than par and bear interest 
at a rate not exceeding 6%, and are to become due and payable 
within 35 years from date. The council of the town is required 
to make proper provision for the payment of the annual interest 
and for a sinking fund for the redemption of the said bonds at 
maturity. The interest coupons shall be receivable for town 
taxes. Acts 1906, p. 235, Supplement 1910, p. 651. 

Loans from County School Boards to School Districts 

Any count}^ school board possessed of funds derived by gift 
or devise may lend therefrom to school districts, within its 
county, sums not exceeding $1,000.00 for any one school build- 
ing, taking care that, according to school population, no district 
receives advantage over another. The county board must take 
the district school board's obligation for the amount so bor- 
rowed. Acts 1908, p. 335, Supplement 1910, p. 788. 

Loans from the Literary Fund to School Districts and Cities 

The State Board of Education is authorized, under rules and 
regulations fixed by it, to lend money belonging to the literary 
fund to school boards of school districts and cities of the State, 
upon their application, for the purpose of erecting school 
houses, and the said school boards are authorized to make such 
loans. 

Any school board desiring to make such a loan is required to 
make written application therefor to the State Board of Educa- 
tion, setting forth the amount of the desired loan, the plans 
and specifications for the proposed building, its location and 
estimated cost, and all facts showing the advisability of erect- 
ing it. 



164 VIEGINIA LAWS CONCERNING EDUCATION 

Upon approval, by the superintendent of public instruction, 
of the plans and specifications and location of the building, and 
his recommendation that the loan be made, the State Board of 
Education may, in its discretion, lend the money from the 
literary fund; provided, no such loan for one building exceed 
$10,000.00, nor, in any event, fifty per centum of its cost, and 
no loan be made in aid of the erection of a building to cost less 
than $250.00. 

The principal of all such loans must be made payable in 
fifteen annual installments, to the State treasurer, evidenced by 
bonds or notes signed by the chairman of the school board and 
attested by the clerk. 

AMiere the amount does not exceed $3,000.00 the bonds bear 
interest at 3% per annum, payable annually, but the larger 
loans bear interest at 4% per annum on all sums in excess of 
$3,000.00. In the latter case the buildings must be insured 
for the benefit of the literary fund and a specific lien retained 
upon the property; and the State Board of Education must 
make no loan in any case where, in its judgment, the payment 
thereof would entail too heavy a charge upon the local revenues 
of the school board of the district. 

Before making such loan the State Board of Education must 
be satisfied that the district board has a good title to the real 
estate upon which the building is to be erected, and that the 
same is free from encumbrances, and must take proper 
measures to secure the expenditure of the money for the pur- 
poses for which it is loaned. 

School boards making such loans must request the board of 
supervisors, or council, as the case may be, to cause a district 
tax to be levied sufficient to meet this liability, and if the 
school board fails to meet any installment of interest or princi- 
pal as it falls due, the treasurer or person having custody of 
the district funds must, upon receiving written notice from the 
second auditor or superintendent of public instruction, pay the 
same out of any funds in his hands belonging to said district. 
Failure to provide for the payment of such loan is deemed a 
cause for removal from office. Acts 1908, p. 106, Supplement 
1910, p. 685; Acts 1914, p. 715, Biennial 1914, p. 312. 

School District Bond Issues for Erecting and Furnishing 

School Houses 

Whenever the school board of a school district in any of the 
counties of the State shall, by resolution duly spread upon its 



LOANS AND BONDS ISSUES 165 

minutes, declare that additional school houses are necessary to 
provide additional public school facilities for the children of 
school age in the district, and that the school funds are not 
sufficient to meet this need, and a statement of the facts con- 
tained in such resolution shall have been confirmed and 
approved by resolution of the board of county supervisors, and 
these resolutions of the school board and supervisors have been 
certified to the circuit court having jurisdiction, together with 
a statement of the location of the school buildings to be erected, 
and the plans, specifications, and estimated cost thereof, 
approved by the division school superintendent and the superin- 
tendent of public instruction, it is the duty of the court to order 
a special election to be held, after due notice, to pass upon the 
question whether such bonds shall be issued or not for the 
amount recommended by the school board. 

The notice required by the court must state the amount of 
the bonds -to be issued, the purpose of the proposed issue, and 
whether it shall be a lien on all the property in the district or 
only a part thereof, and it must be given wide publicity by the 
clerk of the court, through the nearest newspaper, and by post- 
ing in at least ten conspicuous points in the district. 

It is the duty of the board of supen^sors to attend to the 
details of such special election and pay the expenses thereof out 
of the funds of the county. The laws of the State applying to 
general elections are applicable to such a special election, and 
the election officers and voting precincts are the same, except as 
otherwise provided in this act. 

All registered voters of the district who were qualified by 
law to vote in the last preceding general election are qualified 
to vote in such a special election, and no bonds may be issued 
under the provisions of this act unless authorized by a vote of 
the majority of the qualified voters of the district voting at the 
special election ordered as above. 

At no time may the aggregate amount of bonds issued and 
outstanding in any school district exceed 17% of the aggregate 
assessed value of the real estate located therein. 

On the second day after the election the vote must be can- 
vassed and the results, as ascertained, certified to the board of 
supervisors, to be spread upon their minutes, and this being 
done, if no notice of contest is filed within ten days thereafter, 
the certificates of the canvassing board shall be conclusive of 
the legality, regularity, and result of said election. 



IGG VIRGINIA LAWS CONCERNING EDUCATION 

Whereupon, if the result be favorable, the said district 
board may borrow money for the purpose of building the 
needed school buildings and furnishing them, issuing either 
registered or coupon bonds therefor. The said bonds shall 
be of the denomination and form prescribed by the school 
board, by resolution spread upon its minutes signed by its 
chairman and attested by its secretary, and made payable at a 
period not exceeding thirty years from their date, but, at the 
option of the school board, redeemable at such time as may be 
specified on their face. They shall bear interest at a rate not 
exceeding 6% per annum, payable annually or semi-annually at 
the option of the board, and may not be sold for less than their 
par value. They shall constitute a lien, to secure the payment 
of their principal and interest, upon the school property erected 
and procured with the proceeds of their sale, and, if so stated 
on their face, upon all the school property of the district. 

The proceeds realized from th6 sale of such a bond issue may 
be used for no other purpose than the erection and furnishing 
of school buildings. 

From the school levies of the district there shall be paid, as 
it matures, the interest on said bonds, and such sum shall 
annually be set aside as will provide a sinking fund for the 
payment of the principal when it matures ; such sinking fund 
to be invested in the said bonds, or in such other securities as 
the district board may, with the approval of the division super- 
intendent of schools, select. It is the duty of the school board 
to make annual report to the county board of supervisors of 
the amount of the debt outstanding and the amount and con- 
dition of the sinking fund. Acts 1910, p. 279, Supplement 
1910, p. 687. 

Bonds Issued and Loans Authorized in Aid of State 
Institutions of Learning" 

University of Virg-inia — 

It is not lawful for the rector and visitors of the University 
of Virginia to issue its obligations to be secured by deed of trust 
on its real estate without the consent of the General Assembly 
previously obtained. Code, § 1556. 

The grounds and buildings of the University of Virginia are the 
property of the State used for public purposes', and no debt thereon 
can be created save by special legislative enactment. Philip v. 
University of Virginia, 97 Va., 475. 



LOANS AND BONDS ISSUES 167 

The following laws remain upon the statute books of the State 
unrepealed in specific terms by any legislation subsequent to 
the issue of Polkrd's Code of 1904: 

Code, § 1553. "For the payment of the bonds, with the 
interest thereon, issued in pursuance of the act entitled 'An act 
to authorize the Rector and Board of Visitors of the University 
of Virginia to issue bonds to pay oif and discharge their floating 
debt and maturing obligations,' ajiproved March 28, 1871, not 
only the current revenue of the University, but also the property 
now held by the Commonwealth for the purposes of the said 
University, shall continue liable." 

Code, § 1555. "Out of said appropriation of $40,000.00, 
there shall be first set apart, annually, the sum of $7,220 to 
pay the interest accruing on the existing interest-bearing debt 
of the University (amounting to $79,000.00) and to constitute 
a sinking fund for the liquidation of the principal of the same ; 
and the said sum of $7,220.00 shall be applied to no other pur- 
pose or object whatever. (1883-1884, p. 543.)" (See pp. 116- 
7 for appropriations of recent years.) 

Virginia Military Institute — 

Code, § 1568. "The act entitled 'an act to authorize the 
Virginia Military Institute to borrow money and to secure the 
same by creating a lien on real estate,' approved December 19, 
1874 ; and the 3d and 4th sections of the act entitled 'an act for 
the relief of the Virginia Military Institute,' approved March 
15, 1884 (p. 541), shall continue in force until all the objects 
of the said acts shall have been fullv accomplished. (1902-3-4, 
p. 400.)" 

The 4th section of said Act of March 15, 1884, among other 
provisions, prohibits the board of visitors "from contracting any 
debt for or on behalf of the Virginia Military Institute, except 
as expressly authorized by this act." 

This act of March 15, 1884, was passed for the relief of the 
V. M. I. from the embarrassment of the heavy indebtedness incurred 
in the effort to restore it after its destruction by fire by order of 
General David Hunter, United States Army, on the 12th of June, 
1864. It provides for refunding earlier issues of bonds, including 
that authorized by said act of December 19, 1874, without disturbing 
thoir respective priorities of lien; authorizes a new issue of 
$80,000.00 at a lower rate of interest, and appropriates $40,000.00 
to liquidate claims for past due interest and floating debts. 



168 VIRGINIA LAWS CONCERNII^G EDUCATION 

Coordinate Colleg-e for Women of the University of Virginia — 

By Act of March 27, 1914 (p. 677), the board of supervisors 
of Albemarle County was empowered to appropriate a sum not 
exceeding $25,000.00 to be used toward the purchase of a site 
for the establishment of a women's coordinate college of the 
University of Virginia, and, if it deemed advisable, to call an 
election on the question of the issuance of bonds to provide for 
such appropriation. 

By Act passed on the same date (p. 678) the council of the 
city of Charlottesville was given like authority. 



ADMINISTRATION OF REVENUES AND PROPERTY 169 



CHAPTER XIII 

ADMIXISTEATIOX OF EEVENUES AND PEOPERTY 
HELD m THE INTEREST OF PUBLIC EDUCATION 



Annual Estimates of Local Funds Needed for the 
Public Free Schools 

City School Board Estimates — 

It is the duty of the school board of every city, once in each 
year, and oftener if deemed necessary, to submit to the council, 
in writing, a classified estimate of what funds will be needed 
for the proper maintenance and growth of the public schools of 
the city, and to request the council to make provision by appro- 
priation or levy for the same. Code, § 1538(14). 

District School Board Estimates — 

It is the dutv of the school board of everv district in a countv 
to prepare and return to the president of the county school 
board, on or before the 15th day of March in each year, to be 
laid by him before the board at its earliest meeting, an estimate 
of the amount of money which will be needed in the district 
during the next school year for providing school houses, text 
books for indigent children, school appliances, and other neces- 
sary expenses. Code, § 1466(8). 

County School Board Estimates — 

It is the duty of the county school board of each county in 
the State, on or before the 1st day of April in each year, to 
prepare and file with the division superintendent of schools an 
estimate of the amount of money Avhich w411 be needed during 
the next scholastic year for the support of the public free school 
system of the county; and, at the same time, after carefully 
supervising the estimates of the district boards of trustees, sub- 
mitted to the county board under the provisions of § 1466, given 
above, prepare and file with said superintendent separate esti- 
mates of the necessary expenses of the public free schools in 
each school district of the county for the next scholastic vear. 
Code, § 1447(2). 



170 VIRGIXIA LAWS CONCERNING EDUCATION 

The Levying of Taxes for the Public Free Schools 

''Each county, city, town (if the same be a separate school 
district), and school district is authorized to raise additional 
sums by a tax on property, not to exceed in the aggregate five 
mills on the dollars in any one year. . . . The boards of 
supervisors of the several counties and the councils of the sev- 
eral cities and towns, if the same be separate school districts, 
shall provide for the levy and collection of such local school 
taxes.'' Const., § 136. 

It is the duty of councils of cities and towns and boards of 
supervisors of counties to provide for the levy of taxes for school 
purposes. Code, §§ 833a, 1506, 1529. 

City Levies — 

"The council of each city shall have powder, and it shall be its 
duty, on or before the fourth Monday in July in each year, or 
as soon thereafter as practicable, to levy a tax upon the real and 
personal property in the city of not to exceed fifty cents on the 
hundred dollars of its assessed value, or the council may, in its 
discretion, make an appropriation in lieu of such levy." Code, 
§ 1529. See also Acts 1906, p. 230, sub-sees. 17 and 21, Sup- 
plement 1910, p. 644. 

County and District Levies — 

The county and district levies are required to be made by the 
supervisors of each county at the regular meeting in April of 
each year, or as soon thereafter as practicable, in an amount 
sufficient to raise the sums recommended by the countj' and 
district boards in their estimates for county and district school 
purposes, or so much as the supervisors may allow. Code, 
§§ 833a, 1506. 

Collection, Apportionment, Custody, Disbursement, Reports, 

Settlements of the Public Free School Revenues and 

the Administration of Funds of State Institutions 

and Agencies Educational in Character 

•'All State officers and their deputies, assistants, or employes, 
charged with the collection, custody, handling, or disbursement of 
public funds, shall be required to give bond for the faithful per- 
formance of such duties ; the amount of such bond in each case, 
and the manner in which security shall be furnished, to be specified 
and regulated by law." Const., § 85. See also Code, §§ 177, 225- 
229, inc., 247, 753, 814, 815, 865. U. Va., § 1541; V. M. I., §1570; 
V. P. I., § IGOO; Hampton, ^ 1604; V. N. & I. I., § 1613 (4) 
(11) ; Retired Teachers' Fund, Acts 1910, p. 127; State Accountant, 
Acts 1910, p. 243. 



ADMIiS^ISTEATION OF REVENUES AND PROPERTY l7l 

Collection 

''Each county and city treasurer shall receive the State 
revenues and the county and city levies, and account for and 
pay over the same in the manner provided by law." Code, § 602. 

See also § 1506a. 

Collection of School Taxes — 

All taxes imposed for public free school purposes, whether 
by the State or by or for any city, town, county, or school dis- 
trict, are collected and received at the same time and in the 
same manner, and subject to the same provisions, regulations, 
restrictions, limitations, and penalties as are prescribed for the 
collection of levies for other ordinary purposes, by county treas- 
urers, and treasurers or other officers designated by a city to 
collect its local levies. Code, § 1515. 

With reference to the public free schools of «iich cities and towns 
city and town treasurers are charged with the duties, vested with 
the powers of, and subject to the limitations and penalties imposed 
upon, treasurers in the counties, unless otherwise provided. Code, 
§ 1522. 

General Provisions and Regulations for Collecting Taxes — 

State taxes and county and city levies for the current year are 
receivable on or before the 1st day of July, or as soon thereafter 
as the treasurers receive copies of the books of the commissioners 
of the revenue, and in the counties they are receivable from 
thence until the 1st of December without penalty. 

After December 1st it becomes the duty of the treasurers to 
call upon the taxpayers for their taxes, and to collect a penalty 
of 5% upon all not paid before that date, and upon failure of a 
taxpayer to settle, to proceed to collect by process of law. Every 
person failing to pay any State taxes, or county and city levies 
by the 1st day of December, incurs this penalty of 5 5^, and in 
the cities the penalty may be added at an earlier date. 

In cases where a treasurer has reason to believe that any 
person owing taxes or levies is about to move from the county or 
corporation before the 1st day of December, he is authorized 
to collect by distress or otherwise at any time after the tax bills 
come into his hands. Code, §§ 603, 603a, 605. 

Collection of Retired Teachers' Fund — 

See pp. 139-40, 173. 



172 VIRGIIN'IA LAWS COi!^CERNIXG EDUCATIOX 

Apportionment 
Apportionment of State School Funds — 

It is the duty of the auditor of public accounts to pay over 
annually to the county and city treasurers that portion of the 
annual revenues set apart for public free school purposes, ac- 
cording to the usual forms and general provisions of the law; 
the number of children in each school district between the ages 
of seven and twenty, according to the last school census, being 
the basis of apportionment. Const, § 135 ; Code, § 1505 ; p. 
59, ante. 

He is required, on or before the 1st day of November in 
each year, to make calculation of the gross amount of all funds 
applicable to public free school purposes for the ensuing year, 
based on the State taxes assessed for school purposes upon per- 
sons, real estate, tangible personal property, the property of 
public service corporations other than the rolling stock of steam 
railroads, and he must further include ten cents on the $100.00 
of assessed value of rolling stock of steam railroads, and of in- 
tangible personal property, as described on p. 133 and pp. 133-4. 
This calculation is based upon the land and property books of 
the commissioners of the revenue for the current year, if re- 
ceived in time ; otherwise, upon those of the preceding vear. 
Code, § 150Y. 

Note: Section 1507, as amended by Acts Extra Session 1915, p. 
137, does not include in the requirements for above calculation the 
school tax on shares of bank, etc., stock imposed bv Acts of Extra 
Session 1915, p. 209. 

From the aggregate amount of school revenues as thus cal- 
culated, the auditor deducts ten per centum as allowance for 
delinquents, and, as an approximate basis of apportionment, re- 
ports to the superintendent of public instruction, not later than 
November 1st in each year, the net amount of all funds found to 
be applicable to public free school purposes for the current year, 
after making the deduction for delinquents ; that is to say, 90% 
of the whole ; whereupon under direction of the State Board of 
Education, the auditor is furnished a distributive statement of 
the amounts due the several counties and cities in the State 
upon this approximate basis, upon receipt of which he issues his 
warrants upon the State treasurer for one-half and on the 1st 
of February following, the other half. Code, § 1507. 

If the amount of delinquent taxes is overestimated, the ex- 
cess revenue is paid in a succeeding settlement. Code, § 1512. 



ADMINISTRATION OF REVENUES AND PROPERTY 173 

Deductions from Apportionments for Benefit of Retired 
Teachers Fund. — For the purpose of saving the trouble and 
expense of manv small remittances from a large number of 
clerks of district school boards, in collecting the 1% deducted 
from teachers' salaries for the retired teachers' fund (pp. 
139-40), and of making prompt collection of the pension 
funds into the State treasury, the State Board of Education is 
authorized to deduct from the annual apportionment of State 
school funds to each locality one per centum of the total amount 
of the salaries of its teachers as shown by the annual report of 
the division superintendent for the preceding year. Should 
the salaries have increased, the difference is made up the suc- 
ceeding year. Acts 1910, p. 127, Supplement 1910, p. 833 ; 
pp. 138-9. 

When School District May Not Receive State Funds. — T^o 
school district may receive any part of the State funds until it 
has made proper provision for school houses, furniture, ap- 
paratus, text books for indigent children, and all other means 
and appliances needful for the successful operation of the 
schools (Code, § 1490) ; and no State funds may be paid for a 
public free school in any school district until there has been 
filed with the division superintendent a w^ritten statement, 
signed by the chairman and clerk of the board of district school 
trustees, certifying that the school has been kept in operation 
for five months during the current year, or that arrangements 
have been made which will secure the keeping of it in operation 
that length of time ; except that in case of the unavoidable dis- 
continuance of a school before the expiration of the time re- 
quired, the State Board of Education has authority to relax the 
requirements of this section and decide the case on its merits. 
Code, § 1491. See State Board Eegulation, ^o. 103, Ap- 
pendix, pp. 265-6. 

Apportionment of County Funds — 

County school funds are apportioned by the county school 
board among the several districts of the county, according to its 
judgment, having due regard to maintaining, as far as practi- 
cable, a uniform term throughout all of the districts ; provided 
that such primary and grammar schools as may be established 
in any school year shall be maintained at least four months of 
that school year before any part of the fund assessed and col- 
lected may be devoted to the establishment of schools of a higher 
grade. Code, § 1447(3). 



174 VIRGINIA LAWS CONCERNING EDUCATION 

When School District May Not Receive County Funds. — !N'o 
school district may receive any part of the county funds until 
it has made proper provision for school houses, furniture, ap- 
paratus, text books for indigent children, and all other means 
and appliances needful for the successful operation of the 
schools. Code, § 1490. See State Board Regulation, Xo. 103, 
Appendix, p. 266. 

Apportionment of State and County Funds to School Districts situated in 
more than one County — 

Whenever a school district is situated in more than one 
county, and the counties in which it is located collect or appor- 
tion therein State or county taxes, or both, it is the duty of the 
division superintendents, or the county school boards, of said 
counties to make apportionment of such school funds to those 
parts of the joint district lying in their respective counties upon 
the same basis that apportionment is made to their other school 
districts. (See p. 18, School Census) : Acts 1910, p. 208, 
Supplement 1910, p. 882. 

City School Funds — 

City school funds are for apportionment by the city school 
board to the needs of the city in the proper maintenance and 
growth of its public free school system. Code, §§ 1538(6) (10) 
(12) (13) (14), 1466(15). See State Board Regulation, 
:N'o. 103, Appendix, pp. 265-6. 

District School Funds — 

District school funds are for apportionment by the district 
school boards to the needs of the district in providing school 
houses, school appliances, text books for indigent children, and 
other necessary expenses of the public free school system. Code, 
§ 1466(4) (8) (9) (11) (12) (15). See State Board Regula- 
tion. 

Cnstody 
Custody of state School Funds — 

Section 753 of the Code designates certain banks throughout 
the State as the depositaries for the State funds, and fixes the 
amounts and conditions of the indemnifying bonds required of 
them. 

All money paid to these depositaries must stand on their 
books in the name of the treasurer of the State, and may be 



ADMIXISTKATIOX OF REVEXUES AXD PROPERTY l75 

deposited only upon warrant, obtained from the auditor of jnib- 
lic accounts, or the second auditor, as the case may be, directing 
the treasurer to receive it. Upon the warrant so issued, and en- 
dorsed by the treasurer, the depositary must certify that the 
amount stated has been paid to it for the credit of the treasurer. 
Upon the return of the warrant, so certified, the treasurer 
must deliver to the auditor who issued the warrant, his receipt 
for the sum so deposited ; whereupon the said auditor must 
grant his receipt therefor. Code, § 752. 

If the money is otherwise paid into the public treasury, the 
person liable for the payment is subject to every fine, for- 
feiture, and penalty to which he would be subject for failure 
to make payment (Code, § 755) ; except that money may be 
paid by delivering to the auditor of public accounts a certificate 
of deposit or a certified check drawn or endorsed payable to the 
treasurer of Virginia, or his order, on some bank in the State, 
or in the city of Baltimore, or l^ew York, and entered to the 
credit of the person indebted. Code, § 757. 

The State treasurer is required to keep a separate account of 
the literary fund, and of every other branch of the State revenue 
deposited in his name. Code, §§ 780, 781 ; p. 61. 

Custody of School Funds in Counties and Cities — 

School funds, whether State, city, county, district, or other 
funds, placed under control of a school board, must in all cases 
be received and kept by the city or county treasurer. For the 
proper application of all such funds he and the sureties upon 
his official bond are liable. Code, § 1522. 

Treasurers' books must show State, county, and district funds 
as kept separate, and from whence and on what account all 
moneys are derived, and by what order, on what account, and to 
whom disbursements are made. Code, § 1515. 

All State school funds designed for the benefit of the public 
free schools of cities must be deposited with their treasurers, 
to be kept in separate accounts. Code, § 1531. 

Disbursement 
Disbursements from the State Treasury — 

The State treasurer has no authority to withdraw any money 
credited in his name upon the books of the State depositaries 
(p. 174), except if the claim to be paid is against the State 
Board of Education, or the State Corporation Commission, or 



176 VIRGINIA LAWS CONCERNING EDUCATION 

anv cor]wration composed of officers of the government, or the 
funds and property of which the State is the sole owner, by his 
check drawn upon authority of a warrant issued by the second 
auditor, or if the claim is against any other interest by the 
auditor of public accounts. Every such warrant must be signed 
by the auditor issuing it and attested by one of his clerks. The 
treasurer's check is not a valid claim against the Common- 
wealth unless so drawm. Code, § 756. 

Upon being duly authorized by the proper board, it is the 
duty of the second auditor to allow such claims, or such parts 
thereof as may be ^^roper, against the corporations named above. 
Code, § 768. 

Disbursements from Local Treasuries — 

Local treasurers must in all cases disburse or invest the 
school funds placed under the control of the school boards of 
their respective districts, but only on the order of the said 
boards. Code, §§ 1449, 1522, 1531. 

'Tor the pay of public free school teachers, of the clerks of 
boards of district school trustees, the cost of providing school 
houses and appurtenances thereto and the repairs thereof, 
school furniture and appliances, necessary text books for 
children attending the public free schools in cases where the 
parent or guardian is unable, by reason of poverty, to furnish 
them, treasurer's commissions, and any other expense attending 
the public free school system, so far as the same is under the 
control or at the charge of the school district or its officers, it 
shall be necessary first to obtain from the board of school 
trustees of the district concerned an order approving the claim 
and directing it to be paid, which shall be duly recorded in the 
proceedings of the said board; whereupon a warrant shall be 
drawn, signed by the chairman of the said board and counter- 
signed by the clerk thereof, payable to the order of the person 
entitled to receive such money, and stating on its face the pur- 
pose or service for which it is to be paid and that such warrant 
is drawn in pursuance of an order of the board." Code, §§ 
1517, 1518, 1538(13). 

District Board Warrants on State School Fund. — All war- 
rants drawn by district school boards upon the State school fund 
must be paid by the local treasurer out of any State funds re- 
ceived by him from the auditor of public accounts, or the second 



ADMINISTRATION OF REVENUES AND PROPERTY 177 

auditor, and in no case may he pay out a greater sum than the 
amount of State school funds appropriated to such district. 
Code, § 1509. 

Unexpended Funds — 

Unless otherwise directed by the State Board of Education 
all State funds unexpended by a district in any year are re- 
quired to be returned by such district to the general school fund 
of the State for redivision the following year. Code, § 1520. 

County and district balances derived from local taxation re- 
main for the use of the county or district possessing the balance. 
Code, § 1520. 

Treasurer not to Deal in County Warrants; Remedy for Failure to Pay 
Warrant — 

l^either a treasurer nor any deputy may, directly or in- 
directly trade in warrants upon the county treasury, under 
penalty of the disallowance of the amount thereof in his annual 
settlement, in addition to the penalties prescribed in § 806 of 
the Code. 

If any treasurer fail to pay upon presentation, any legal 
warrant, having in his hands at the time funds out of which the 
same ought to be paid, the holder may on motion in the circuit 
court recover from him and his sureties the amount of such 
warrant, together with damages at the rate of 10% per month 
on the said amount from the time the treasurer should have 
paid the same, and costs. Code, §§ 863, 864. 

Tt is unlawful for any county, corporation, district, or school 
officer of the Commonwealth to acquire by purchase, at less than 
its face value, directly or indirectly, express or implied, any 
warrant or other evidence of indebtedness issued by any board 
of supervisors or city or town council, or by any school officer, 
of the State. 

Violation of any of the above provisions is a misdemeanor, 
punishable upon conviction by a fine jf from $20.00 to $500.00 
and, in the discretion of the jury, imprisonment in the county 
or coi*poration jail for not more than six months. 

The judge of every circuit and corporation court of the State 
is required to give this law specifically in charge to every grand 
jury empaneled therein. 

Code, § 1472. 



12 



178 VIRGINIA LAWS CONCERNING EDUCATION 

Reports and Settlements 

"The General Assembly shall provide for the examination of 
books, accounts, and settlements of county and city officers who are 
charged with the collection and disbursement of public funds." 
Const., § 115. 

The Fiscal Year — 

The fiscal year of the Commonwealth runs from October 1st 
to September 30th. Code, § 764. 

Reports of Local Treasurers and School Boards 

Treasurer's Report to Auditor of Public Accounts — 

On the first of December in each year, each county and city 
treasurer is required to make statement, and verify it by affi- 
davit, showing all State taxes collected by him up to that time, 
and within fifteen days thereafter to forward it to the auditor 
of public accounts, at the same time paying into the public 
treasury the amounts shown to have been collected. 

The auditor may call upon any county or city treasurer once 
in every thirty days after the first of July in each year, for a 
statement under oath of the amount of State taxes for the cur- 
rent year collected to date, and the payment of them into the 
State treasury, within five days of such call, upon penalty for 
failure of the deprivation of all commissions upon sums which 
should have been so reported and remitted ; except that in the 
cities of Richmond, Petersburg, and Lynchburg these statements 
and settlements are required to be made weekly, and failure to 
make them is deemed a sufficient cause for removal from office 
under the provisions of § 821 (p. 62) ; Code, § 604. 

Treasurer's Report to the Division Superintendent of Schools of Collections 
of Current Year's Taxes — 

On December 1st, or within 20 days thereafter, in every 
year, each treasurer of a county, or a to^vn constituting a single 
school district, is required, under penalty for failure, to make 
report, verified by his affidavit, to the superintendent of schools 
of his division, on blank forms furnished by the Superintendent 
of Public Instruction, showing the amount collected on account 
of State, county, and district levies, respectively, jirior to 
December 1st, on which there was no penalty, and the balance 
not collected on which 59^ penalty is to be added. These re- 
ports must show the number and amount of warrants on the 



ADMINISTRATION OF REVENUES AND PROPERTY l79 

State, county, and district funds presented from each district ; 
those paid, and the balance in hand due each district from each 
of said funds. Code, § 1518. 

Treasurer's and District School Boards' Annual Reports to County School 
Board — 

Each county treasurer is required to furnish for the use of 
the county board at its annual meeting in August of each year, 
a report for the school year, showing in detail all transactions 
pertaining to the receipt and disbursement of school funds for 
the year ending June 30th, with his books, vouchers, and other 
official papers. The school board compares the warrants paid 
by the treasurer with those issued by the district boards, and 
makes report to the superintendent of public instruction through 
the division superintendent. For the purpose of making this 
comparison, the clerks of district boards are also required at 
that time to lay before the county board their official records 
and account books, contracts, deeds, and other papers pertaining 
to the school business of their respective districts for the year 
just closed. All warrants paid by the county treasurer are then 
cancelled and delivered to the division superintendent, who 
after twelve months is at liberty to destroy them. Code, §§ 
1466, 1484, 1510. 

Any irregularities noted in the proceedings of these officers as 
shown by their books, records, etc., must be entered upon the 
minutes of the county board, and proper action taken to en- 
force the punishments and penalties prescribed by law. Code, 
§ 1484. 

Failure of Treasurers, or Clerks, of District School Boards to Produce Ac- 
counts, etc. — 

Treasurers and clerks of school boards are subject to fine for 
failure to produce accounts, etc., as required by § 1484 above, 
but the county school board, with the approval of the State 
Board of Education, on good and sufficient reason shown, may 
remit such fine. Code, § 1485. 

In connection with this annual report it is the duty of the 
division superintendent to examine all books and papers of 
delinquent officers and make special report thereon to the super- 
intendent of public instruction. Code, § 1485. 



180 VIRGINIA LAWS CONCERNING EDUCATION 

Treasurers' Annual Settlements with Auditor of Public Accounts, Boards 
of Supervisors, and County School Boards — 

County and city treasurers are required to file with the 
auditor of public accounts not later than the first of September 
in each year a detailed statement showing the amount of re- 
ceipts and disbursements of the county or city, as the case may 
be, for its preceding fiscal year, certified by the chairman of 
the board of supervisors, or the mayor of the city, and also by 
the chairman of the school board. Code, § 853a. 

Each county treasurer must settle with the board of super- 
visors at their regular meeting in July of each year, or as soon 
thereafter as practicable, . not later than the first of October, 
Code, §§ 786a(5), 833; and with the county school board by 
the first of October. On that date he is required to exhibit to 
the judge of the circuit court and the Commonwealth's at- 
torney the cash to balance his accounts with the county levy and 
the county school funds, if any be due. Code, § 786a (5). 

Settlements of Trust Funds held for Public Schools — 

Any district school board of county or city having control of 
any fund or property acquired by gift, devise or bequest is re- 
quired to make, in addition to the regular settlement required 
of all school moneys coming into its hands, an annual settle- 
ment of all transactions in connection with such fund, before 
the commissioner of accounts, and the court having jurisdiction 
has the right to compel such a settlement under § 2680 of the 
Code. Code, §§ 1483, 1447, pp. 45, 49. 

In cases where funds or other properties are held by trustees 
for purposes of common school education, the school board of 
the county or city has the duty and power of examing into the 
manner in which such trusts are administered, and of requiring 
such trustees to render them an account of the trust whenever 
called upon, and to afford every facility for examination. Code, 
§ 1447 ; p. 49. 

Annual Statement of County School Board for Publication — 

Directly after this annual settlement with the treasurers, 
county school boards are required to make out a statement 
showing the receipts and disbursements of school funds in each 
school district, in their respective counties, for the year just 
ending, and have it published in some newspaper of the county, 
and also, printed as a handbill and posted at the front door of 
the court house and at the voting place of tlu^ clerk of each dis- 



ADMINISTRATION OF REVENUES AND PROPERTY 181 

trict school board of the county. It is the duty of the clerk of 
each district board to post the same at his voting place, and of 
the division superintendent to see that it is done. Failure of 
officers to comply with this section is a misdemeanor. 

The statement must show, under head of receipts, the total 
balances in hand from preceding year, the amount received 
from State school funds, from county school levy, from dis- 
trict school levy, and from all other sources, stating sources, 
with total of receipts and balances ; and under disbursements, 
the amounts paid school trustees, county treasurer, and 
teachers, giving number of teachers, and also a statement of any 
other expenditures not covered in either of the above items, 
itemized to show the amount spent for school houses, for furni- 
ture for school houses, and for other incidental expenses, total- 
ing the account to show balances on hand and total disburse- 
ments and balances. Acts 1908, p. 555, Supplement 1910, p. 
643. . 

Annual Report of County School Board to Superintendent of Public In- 
struction — 

The county school board is required to make an annual re- 
port to the superintendent of public instruction, through the 
division superintendent of schools, on or before the 10th day 
of September in each year, which must give in detail all official 
acts for the year closing the 31st day of July preceding. Code, 
§ 1446. 

Administration of the Literary Fund 

The Literary Fund is under the management and control of 
the State Board of Education, with authority given to that 
body to invest the capital, and unappropriated income there- 
from, in State or United States bonds, or first mortgage lx)nds 
of railroad companies the market value of which for six months 
preceding the investment has not been less than 90 cents on the 
dollar, or in bonds made by district school boards under Acts of 
1910, p. lOG; 1914, p. 715. (See pp. 163-4.) Xo premium 
may be required or paid on any State bonds jDurchased for this 
fund. 

The board may call in any investment and reinvest the pro- 
ceeds as above whenever deemed proper for the preservation, 
security, or improvement of the fund. 

Under above Act permitting loans to school districts for the 
purpose of erecting school houses, the State Board of Education 



182 VIRGINIA LAWS CONCERNING EDUCATION 

is authorized to convert existing securities of the literary fund 
into cash for the purpose of meeting the loans so authorized, 
but not to a greater extent than $100,000.00 per annum, nor 
unless it deems it expedient to do so, and the board is required to 
provide for an equitable distribution of this loan fund among 
the several sections and school districts of the State. 

All securities of the literary fund are deposited for safe keep- 
ing with the second auditor, who is the legal custodian thereof. 
Code, §§ 1433(11) (12), 1505. 

All fines collected for offenses committed against the State 
must be paid and collected only in lawful money of the United 
States, and paid into the State Treasury to the credit of the 
literarv fund and used for no other purpose whatever. Code, 
§ 743a. 

All money belonging to the literary fund must be received 
into the State treasury on the warrant of the second auditor, who 
is the accountant of the fund, and it is his duty to institute and 
prosecute proceedings ordered by the State Board of Education 
for any money due. Code, § 1432. 

It is the duty of the State Board of Education to audit all 
claims against the fund, the secretary and presiding officer of 
the board certifying to the second auditor such as are allowed, 
who must thereupon issue warrants on the State treasurer for 
their payment, signed by him and attested by one of his clerks. 
Not more than ten years may have elapsed between the date 
when a claim might legally have been presented for payment, 
and its approval by the State Board for payment. 

The literary fund must be kept in separate accounts, both by 
the State treasurer and the second auditor, showing all receipts 
and disbursements, and a list of the securities belonging to it 
must be returned by the second auditor Avith his annual report, 
with a statement of their value. Code, §§ 781, 1433(11) (12), 
1505. 

The Retired Teachers' Fund 

The Retired Teachers' Fund is administered by the State 
Board of Education. All money belonging to it, from what- 
ever source derived, is paid into the State treasury, through the 
office and upon the warrant of the second auditor (see pp. 23-4, 
111-16, and p. 139), and is placed by the treasurer to the credit 
of a fund called the ''retired teachers' fund" and an accurate 
account' kept thereof. 



ADMINISTRATION OF REVENUES AND PROPERTY 183 

All legacies, bequests, and funds derived from devises for 
the benefit of the teachers under this act are paid over to the 
State Board of Education to be transferred to the credit of the 
fund in the manner stated, and the capital and unappropriated 
income therefrom invested under the same powers gTanted said 
board for the investment of the literary fund. All such securi- 
ties are deposited with the second auditor for safe keeping, who 
is required to return with his annual report a list thereof and a 
statement of their value. 

Only the income from the funds received and invested may 
be used in ])aying pensions or other current expenses. 

Pensions are paid quarterly, on the 1st day of January, 
April, July, and October, by warrant on said fund, signed by 
the president and secretary of the State Board of Education, 
and issued by the second auditor, for the benefit of the pen- 
sioners whose names have been placed on the list, for a sum equal 
to one-eighth of the average annual salary earned by them 
respectively for the last ^ve years taught in the public schools ; 
but in no event shall any quarterly payment exceed $100.00; 
except where the annual salary exceeded $1,000.00, the 
quarterly pension may be $125.00. Tf the funds are insuffi- 
cient to pay all pensions due, they are paid pro rata according 
to the amount of funds available. 

It is the duty of the State Board of Education to see that 
proper arrangements are made for keeping an accurate account 
of all moneys received, invested or disbursed for this fund, and 
a full statement of all transactions in regard thereto must be 
included in the reports of the superintendent of public in- 
struction. Acts 1910, p. 127, Supplement 1910, p. 833. 

Administration of Personal Property Held by and for State 
Institutions Educational in Character 

All claims agaiijst the State Board of Education, or any 
corporation composed of officers of the government, or against 
funds and property of which the State is sole owner, are paid 
through the second auditor, and he is required to keep a distinct 
account of the receipts and disbursements of each of said 
corporations. Code, §§ 768, 779. 

Under the provisions of the Act of March 3, 1882, continued 
in force by § 1425 of the Code, the second auditor is authorized 
and directed to draw upon the public treasury in favor of the 
proper authorities of any incorporated college or other insti- 



184 VIRGINIA LAWS CONCERNING EDUCATION 

tution or seminary of learning, academy, or manual labor 
school in the State, or of any trustees who hold obligations of 
the State for such institutions, for all interest as it falls due 
upon obligations of the Commonwealth, or of the James River 
& Kanawha Company guaranteed by the Commonwealth, 
which any of such institutions held, or were entitled to hold, on 
the 1st day of January, 1882, so long as they continue to hold 
the same ; provided that no interest shall be paid upon any bonds 
the payment of which is forbidden by the Constitution, (See 
p. 110, ante.) 

Section 141 of the Constitution, prohibiting State appropriations 
to schools or institutions of learning not owned or exclusively 
controlled by the State or some sub-division thereof, provides "that 
this section shall not be construed as requiring or prohibiting the 
continuance or discontinuance by the General Assembly of the pay- 
ment of interest on certain bonds held by' certain schools and col- 
leges as provided by an act of the General Assembly approved 
February 23, 1892, relating to bonds held by schools and colleges." 

The said Act of February 23, 1892 (p. 573), provides for the 
surrender to the second auditor, on or before the 1st of July, 1892, 
of all evidences of the State's indebtedness held by schools and col- 
leges as endowments for educational purposes, and the issue to those 
by whom surrendered of registered certificates of debt for the 
respective amounts of the bonds and other evidences of debt so 
surrendered, non-transferable and redeemable at the pleasure of the 
State, with interest payable semi-annually, by warrant of the second 
auditor upon the auditor of public accounts. 

The said certificates are held by certain of the State institutions 
of learning, and by other colleges and schools in the State, named 
in said act, with the amounts of their respective holdings. See 
Code, §§ 1562 (U. Va.), 1605 (V. P. I. and Hampton). 

Donations for Benefit of University of Virginia — 

The State of Virginia is constituted trustee for the safe keep- 
ing and due application of all funds deposited in the public 
treasury as donations for the benefit of the University (p. 149). 
The treasurer and the sureties on his official bond are liable for 
all money or other funds so deposited, and a separate account 
of each such deposit must be kept by the accounting officers of 
the State in the same manner as of other public funds. Code, 
§ 1561; pp. 149-50. 

Virginia Military Institute — 

The treasurer of the V. M. I. is required annually on or be- 
fore the 1st day of October, to make a detailed report of his 
accounts to the State Board of Education, to be by it re])orted 
to the General Assembly, and the board of visitors shall cause 
a careful examination of his accounts and a full statement 
thereof to be made at least once a year. Code, )^ 1571 ; ]). 78. 



ADMIN ISTRxVTTON OF REVENUES AND PROPERTY 185 

Virginia Polytechnic Institute — 

It is the duty of the State Board of Education to pay over 
to the board of visitors of the V. P. I. all funds received for the 
use and benefit of the institute. Code, § 1605 ; pp. 34, 118-120. 

Demonstration Work. — All money appropriated for the gen- 
eral purpose of carrying on the demonstration work throughout 
the State must be paid to the treasurer of the V. P. I., and be 
disbursed by proper warrants, with vouchers attached, signed 
by the secretary and countersigned by the president of said 
institution ; but said funds may be used and paid out only for 
the purposes specified in this act. An itemized statement, with 
j^roper vouchers, for disbursements of said funds, must be re- 
ported to the governor each year, and examined by the public 
accountants, and be subject at all times to the inspection of the 
legislature or any of its committees. Acts 1914, p. 710, 
Biennial 1914, p. 497 ; p. 120. 

College of William and Mary in Virginia — 

It is the duty of the board of visitors, and it has the power, 
to control and expend the funds of the college, and any ap- 
propriations provided therefor. Acts 1906, p. 94, Supplement 
1910; pp. 120-1. 

The Virginia Normal School Board — 

It is the duty of the Virginia I^ormal School Board to safe- 
guard the funds of the four schools under its charge and ad- 
minister any appropriations made by the State thereto in a 
careful and economical manner. Acts 1914, p. 567, Biennial 
1914, p. 461; pp. 121-4. 

Virginia Normal and Industrial Institute — 

It is the duty of the board of visitors of said institute, and it 
has the power, to disburse such funds as may belong to the said 
institute. Code, § 1613(5-g) ; p. 124. 

Hampton Normal and Agricultural Institute — 

It is the duty of the State Board of Education to pay over 
to the treasurer of the said institute all funds received for its 
use and benefit. Code, § 1605 ; pp. 34, 124-5. 

The State Library Fund — 

The surplus stock of books, documents, and maps publislied 
by the State, and appropriated for sale for the benefit of the 



186 VIRGINIA LAWS CONCERNING EDUCATION 

library fund (p. 129), must be delivered to the secretary of 
the Commonwealth to be disposed of by him as follows : All 
copies of which the law makes definite disposition, and such 
copies as may be needed by the library board for gifts and 
exchanges, are first to be delivered, and twenty-five copies of 
each publication kept and preserved by the said secretary. The 
remaining copies it is his duty to sell at such prices as may be 
fixed — with his consent — by the library board, subject to the 
provisions of an act approved April 2, 1902, ratifying the con- 
tract between the joint library committee of the General 
Assembly and the Michie Company, dated February 21, 1900, 
and providing for similar contracts with other persons. Such 
sales may be made through book dealers upon the basis of a 
reasonable commission allowed them on all sales made; but 
such dealers must give bond, with good security, payable to the 
Commonwealth, and conditioned to secure the payment of the 
price of the said publications or their return upon demand of 
the secretary of the Commonwealth. 

The said secretary is also authorized to exchange publica- 
tions for others to be placed in the State library, or the State 
law library. 

All costs and expenses attending such sales and exchanges 
must be paid by the secretary out of the proceeds of sales. 

x\ll securities and money belonging to the library fund must 
be held by the State treasurer as a separate fund for the benefit 
of the library, including the moneys coming into the hands of 
the secretary of the Commonwealth from the sale of publica- 
tions, as above stated, and the said secretary is required to 
render to the auditor of public accounts a monthly statement 
showing the amount due from such sales during the preceding 
month, and at the same time pay the amount sho^^Ti to be due 
into the treasury to the credit of the library fund. 

The library board superintends and directs all expenditures 
of the library funds, the accounts of which are kept by the 
librarian, who is required to give bond in the sum of $2,000.00, 
with approved sureties, for the faithful discharge of his duties 
and the delivery over to his successor of all the property of the 
State in his possession. The doorkeeper is required to give like 
bond in the sum of $500.00. 

The library fund is paid out by the treasurer of the State on 
warrants drawn by the auditor of public accounts u]^on the 
order of the library board, evidenced by its warrants signed by 
the chairman of the board and attested by the secretary. 



ADMINISTRATION OF REVENUES AND PROPERTY 187 

The State library board is authorized and empowered, in its 
discretion, to charge and collect such fees as it may deem 
reasonable for copies of, or extracts from, any books, papers, 
records, documents or manuscripts in the library which may be 
supplied by the library staff to persons applying for them. All 
fees so collected must be paid into the State treasury to the 
credit of the library fund, and an accurate account thereof kept 
by the librarian. Acts 1908, p. 384, Supplement 1910, p. 795; 
p. 185. 

The library board is authorized to expend a sum not exceed- 
ing $4,000.00 a year in editing, arranging, and publishing the 
records pertaining to the history of the colony and State of Vir- 
ginia and to the service of the citizens of the State in the Wars 
of the Revolution and 1812, the Mexican War and the Civil 
War, and, where necessary, to sell securities belonging to the 
library fund to meet the expenditures so authorized. 

It is the duty of the library board to make annual report to 
the governor of all receipts and expenditures. Code, §§ 248, 
251, 252, 254, 257; Acts 1908, p. 384, Supplement 1910, 
p. 795. 

Annual Reports Required of State Institutions Educational in 
Character — 

See p. 86 for provisions of § 1637 requiring annual reports 
to be made, and Acts 1908. p. 381, Supplement 1910, p. 795, 
requiring monthly reports. 

If the reports required by § 1637 are not made by any college 
or academy which receives any portion of the revenue of the 
literary fund, or to which any loan has been made out of the 
said fund, the second auditor must withhold (until the report 
is made) the payment of said portion of the literary fund or 
proceed to enforce payment of the said loan. Code, § 1638. 

Note. — The Constitution provides that the annual interest on 
the literary fund shall be applied to the schools of the primary and 
grammar grades. § 135. 

The proper officer of each State institution, educational in 
character, and every officer of the State for whose department 
appropriations are made, is required to give, in his annual 
report, an itemized account of the expenditure of all such 
appropriations, as well as of all other sums received from any 
source, including interest on bonds held by such institutions. 
Copies of all such reports must be laid before both houses of the 
General Assembly on the first day of each session. 



188 VIRGINIA LAWS CONCERNING EDUCATION 

^^one of the moneys appropriated by the State may be used 
for any other purpose than is specified by the General Assembly, 
and no institution may exceed its appropriation. There is no 
liability or obligation upon the State to reimburse such institu- 
tion for an excess expenditure, or to meet any deficit so occa- 
sioned, and the members of any board making such excessive 
expenditures who vote therefor may, in the discretion of the 
governor, be held guilty of neglect of official duty and be subject 
to removal therefor. Acts 1914, pp. 363-4. 

Annual Reports of State Auditors and Treasurer — 

The auditor of public accounts, the treasurer, and the second 
auditor are required annually, before the 1st day of I^ovember, 
to submit to the governor a statement containing a synopsis of 
the financial condition of their respective departments, which 
the governor must have published in the two newspapers printed 
in the city of Richmond having the most general circulations 
throughout the Commonwealth. And, at the same time, the 
said officers are required to submit their respective general 
reports to the governor, to be delivered by him to the superin- 
tendent of public printing. Code, § Y87. See Code, § 788 
for scope of the reports required as above. 

The auditor of public accounts is required to have made from 
the books in his office annually at the end of the fiscal year (p. 
78) a statement showing the condition of the accounts of every 
county and city treasurer who is in arrears. Code, § 604. 

System of Checks and Balances 

"The General Assembly shall provide by law for the estab- 
lishment and maintenance of an efficient system of checks and 
balances between the officers at the seat of government entrusted 
with the collection, receipt, custody, or disbursement of the 
revenues of the State." Const., § 84. 

Tn compliance with the above section of the Constitution the 
office of State accountant was created by Act of 1910, amended 
by Act of 1914, and the modern, comprehensive, and efficient 
system of bookkeeping and accounting he is directed to devise 
in establishing such an efficient system of checks and balances 
comprehends the following requirements: 

(1) A system applicable to the offices of auditor of j^ublic 
accounts, the State treasurer, the second auditor, the su])erin- 
tendent of public instruction, the State library, and all other 



ADMINISTRATION OF REVENUES AND PROPERTY 189 

State officers now or hereafter established at the seat of govern- 
ment. The system recommended must be suitable to the needs 
of these several offices or boards, considered in their relation to 
each other and to subordinate offices and officials. 

(2) A system of accounting for the several institutions 
maintained in whole or in part by the State. 

(3) He is further required to inspect and scrutinize from 
time to time the accounts and vouchers of all State officers, and 
report to the auditor of public accounts and the governor any 
irregularities discovered, except that irregularities in the 
accounts of the auditor of public accounts must be reported to 
the governor and the General Assembly. 

(4) When called upon by the governor, it is his duty to 
examine the accounts of any institution maintained in whole or 
in part by the State. 

These inspections must be made without notice to the officials 
concerned, and it is their duty to produce their books, vouchers, 
and accounts, and give the State accountant, or his deputy, all 
necessary aid in making such inspections. Failure to meet the 
requirements of this section is a misdemeanor. 

(5) The services of the State accountant, upon request, by 
the board of supervisors of any county or the council of any city 
or town in the State, are available for the establishment of a 
system of bookkeeping and accounting for local treasurers, 
clerks of courts, and school boards of counties and cities, and for 
the examination of the books and accounts of such officers. The 
cost of the ser\dce so rendered must be borne by the county or 
city receiving aid, but may not exceed an amount sufficient to 
reimburse the State. 

The State accountant and his deputies have authority to 
summon witnesses and administer oaths in connection with all 
examinations authorized by this act. 

The fees charged the counties and cities for the services men- 
tioned must be remitted by the local treasurer, out of any local 
funds in his hands, within thirty days after receiving the 
account rendered by the State accountant, to the auditor of 
public accounts, to be by him paid into the public treasury to 
the credit of the fund of the State accountant so that such 
moneys may be available for carrying out the provisions of this 
act, having for its purpose the establishment of a sufficient 
system of checks and balances. Acts 1910, p. 243, Supplement 
1910, p. 893; Acts 1914, p. 202, Biennial 1914, p. 331. 



190 VIRGINIA LAWS CONCERNING EDUCATION 

Audit of Financial Transactions of County Officers — 

Whenever in the circuit court of any county which alone 
constitutes a separate judicial circuit in the State, a petition is 
filed by at least fifty freeholders resident therein, or whenever 
it is believed by the judge of said circuit that the public inter- 
ests will be promoted by an audit or examination of the whole 
or any part of the financial transactions of any officer of said 
county, the judge has authority to appoint one or more certified 
public accountants to make such an audit or examination, and 
report to the court the result thereof. 

The compensation for such work must be fixed by the court 
and certified to the board of supervisors, whose duty it is to 
provide for the payment thereof. Acts 1914, p. 87, Biennial 
1914, p. 399. 



COSTS OF ADMINISTRATION 191 



CHAPTER XIV 

COSTS OF ADMINISTEATION OF THE PUBLIC FREE 
SCHOOL SYSTEM AND STATE INSTITUTIONS EDU- 
CATIONAL IN CHARACTER 



The State Board of Education 

No compensation is allowed members of the State Board of 
Education, beyond the salaries received by them in their re- 
spective offices of governor, attorney general, superintendent of 
public instruction, faculty members of State institutions of 
learning, and division superintendents of schools, but, with the 
exception of the governor, attorney general, and superintendent 
of public instruction (for whom special provision is made), 
they are entitled to their reasonable expenses incurred in at- 
tending meetings of the board or its committees. Const., § 83; 
Code, 1 1433(20). 

Superintendent of Public Instruction 

The salary of the superintendent of public instruction is 
fixed by the General Assembly, and at present is $3,500.00 per 
annum. By § 1434 of the Code, he was allowed "a sum not to 
exceed $25.00 per month" for office rent, and his necessary 
traveling expenses while engaged in the duties of his office, not 
to exceed $800.00 in any school year. But under bills appro- 
priating the State revenues for the years 1910-1911 to 1915- 
1916, inclusive, the latter allowance is limited to $700.00 per 
annum, and for 1915-1916 an appropriation was made to pro- 
vide ''rent for offices for the State Board of Education, rendered 
necessary by the crowded condition of the capitol building." 
Const., § 131; Code, § 183; Acts Appropriating the Public 
Eevenue, 1910-1914, inc. 

Office Expenses of Superintendent of Public Instruction and 
State Board of Education 

The compensation of the secretary of the State Board of 
Education, of the examiners and inspectors appointed by that 



192 VIRGINIA LAWS CONCERNING EDUCATION 

body, and the clerks and other employees of the office of the 
superintendent of public instruction, as well as his contingent 
office expenses, including stationery, postage, printing, furni- 
ture, etc., are all determined by the State Board of Education. 
Code, §^ 1433(14), 1434. 

Division Superintendents of Schools 

Division superintendents of schools are ])aid on the warrant 
of the State Board of Education drawn upon the second auditor 
in monthly installments from the bulk of the State funds before 
they are apportioned among the several divisions upon the fol- 
lowing basis: 

$40.00 for every 1,000 of population in their respective divi- 
sions, for the first 10,000 ; 

$25.00 for every 1,000 of population in excess of 10,000 up 
to and including 30,000 ; 

$15.00 for every 1,000 of population in excess of 30,000. 

Fractions of less than 500 are rejected in each case. 

Provided, however, that the pay of a superintendent from 
funds in the State treasury shall not in any case be less than 
$200.00 a year, and when a school division is composed of more 
than one county, or of a city and one or more counties, the 
superintendent's salary may, at the discretion of the State 
Board of Education, be the aggregate of the amounts found by 
estimating the population of each of said counties and the city 
as if each formed a separate school division. 

In no case may a division be formed by the State Board of 
Education which will not insure to its superintendent of schools 
a salary of at least $900.00 a year; except that in the following 
cases the rule may, in the discretion of the State Board of Edu- 
cation, be modified : 

(1) Where the aggregate population of two adjacent 
counties, or of a city and the county in which it is located, is 
less than 14,000 and it is not practicable, in the judgment of 
said board, to arrange this territory in a division which will 
provide a salary of $900.00, it may be put into a division pro- 
viding its superintendent a salary of not less than $700.00. 

(2) The above requirement as to salary may be waived in 
the case of a border county touching some other state than 
Virginia and having a population of less than 14,000, where in 



COSTS OF ADMINISTBATIOI^ 193 

the judgment of the said board an exception will inure to the 
best interests of the public school system. 

(3) The rule as to the minimum salary provided for may 
be modified when on account of geographical or other conditions 
the grouping necessary to provide the salary would not in the 
judgment of the board be to the benefit of the divisions. Code, 
§§ 1433(1), 1438, 1519. 

The board of supervisors of any county or the council of 
a city, or a county or city school board, may, out of the local 
school funds, supplement the salary of the division superinten- 
dent as provided for above, but it may not be increased or 
diminished during his term of office. Code, § 1438. 

The division superintendent of a city receives pay from the 
State in like proportion as other division superintendents, irre- 
spective of the amount of additional remuneration received by 
him from the council ; and the salaries of division superin- 
tendents, so far as payable by the State, are paid from the bulk 
of the State funds as distinguished from appropriations there- 
from to the several counties. Code, §§ 1519, 1533. 

School Trustees 

School trustees receive no compensation for their services, 
except the members of the district school boards in the counties 
who are elected clerks of their respective boards ; but all 
trustees may be allowed by the county board their actual ex- 
penses in attending school board meetings, within the limit of 
$10.00 apiece in any school year, payable out of the district 
school funds. Code, § 1447(1). 

School Trustee Electoral Boards 

The resident qualified voter appointed by the judge of the 
circuit court to serve on the school trustee electoral board, is 
allowed out of the county school fund, a per diem of $2.00 for 
each day actually employed on school business ; but when act- 
ing as a member of the board of appeal under § 1478, he is 
paid this $2.00 per day from the funds of the district where the 
service is rendered. Code, § 1451. 

The cost of all books, stationery, and postage needed by the 
school trustee electoral board in the transaction of official busi- 
ness, not exceeding $5.00 in any one year, must be paid out of 
the county school fund. Code, § 1457. 



13- 



194 VIRGINIA LAWS CONCERNING EDUCATION 

Clerks of School Boards 

City school boards fix the amount of compensation allowed to 
clerks employed by them and it is paid from the city school 
funds. Code, § 152G. 

The clerk of a county school board is allowed compensation at 
the rate of $3.00 per day for every day the board is in session, 
not to exceed $10.00 per annum, which sum; together with neces- 
sary contingent expenses of attending to the transaction of 
-business for the board, may be paid out of any funds under its 
control. Code, § 1444. 

The clerk of a district board is paid for his services, from the 
district school fund, an amount not to exceed $e3.00 for each 
teacher employed in his district. Code, § 1465. 

Clerks of both city and county district school boards are 
further allowed from the district school funds, $3.00 per hun- 
dred of children listed by them, respectively, in taking the 
quintennial school census, subject to abatement on discovery 
of errors or omissions, or to a fine by the district board of not 
less than $5.00 nor more than $50.00 for each offense, resulting 
from malfeasance or neglect. Code, §§ 1462, 1463a, 1474. 

County and City Treasurers 

For receiving, collecting and disbursing levies for school 
taxes, treasurers are entitled to the same compensation as for 
the like service in connection with taxes for other ordinary pur- 
poses. In computing a treasurer's commissions on school taxes 
the amounts levied for school purposes must be treated as a 
fund separate and distinct from the general county levies, but 
the county and district school levies must be treated in the ag- 
gregate as one sum. Code, §§ 613, 1515, as construed by Acts 
of 1912, p. 686, appearing in 1912 Biennial, at p. 57, as § 613a 
of the Code. 

The commissions to which treasurers are entitled, upon the 
above basis of calculation, are as follows : 

County Treasurers — 

Commissions on Local School Funds. — 5% on sums of $25,- 
000.00, or less, and 31/2% on all sums in excess of $25,000.00; 
which is in full of a treasurer's compensation for receiving, col- 
lecting and disbursing the local school levies in counties in 
which those revenues exceed $25,000; but whore the said 



COSTS OF ADMINISTRATIOlSr 195 

revenues are less he is allowed additional compensation on 
revenues remaining unpaid December 1st, and subsequently 
collected by bim, as follows : 

Where the revenue does not exceed $10,000.00, 4% ; where it 
exceeds $10,000.00, but does not exceed $15,000.00, 3% ; and 
where it exceeds $15,000.00, but there is not a sufficient ex- 
cess to make his compensation as much as if the revenue had 
been less than $15,000.00, he is entitled to 2^ on all revenues 
up to $15,000.00, remaining unpaid the first of December, and 
later collected by him. 

Commissions on State cmd Other Funds. — Upon all funds 
placed under control of school boards and all moneys coming 
into their hands other than county and district levies, except 
State aid to public school libraries, treasurers are allowed such 
commission as the school boards may determine, not less than 
1%. Code, § 1449. 

Where not otherwise provided by statute, the commission al- 
lowed the county treasurer, in all cases, for receiving and dis- 
bursing funds raised by the issuance and sale of district school 
bonds, is % of 1%, provided the amount of his compensation 
in no case may be less than $15.00 nor more than $250.00. 
Acts 1908, p. 559, Supplement 1910, p. 833. 

City Treasurers — 

Comm^issions on Local School Funds. — A city treasurer is 
allowed for his services in receiving and disbursing the school 
levies (where he is the collector of such levies) the same rate of 
commission allowed a county treasurer, except where the annual 
collection is in excess of $60,000.00, he receives but 2% on such 
excess of $60,000.00. 

Where local levies are collected by some other officer than the 
treasurer, cities make their own provision for compensation to 
their treasurers for disbursing the school funds, sometimes by 
a salary which covers the work of disbursing local taxes collected 
or appropriated for school purposes. 

Commissions on State School Funds. — City treasurers are 
allowed, in addition, a commission determined by the school 
board not exceeding 1% on all State school funds received 
and disbursed, except State aid to public free school libraries. 
Code, § 1449. 



196 VIRGINIA LAWS CONCERNING EDUCATION 

For receiving and disbursing all funds turned over by any 
outgoing treasurer, his successor is allowed not more than 2% 
commission. Code, § 614. 

Limitations to Treasurers' Commissions — 

'No commissions are allowed either city or county treasurers 
on State appropriations in aid of public free school libraries. 
Acts 1914, p. 138, Biennial 1914, p. 326. 

Act of March 27, 1914, limits, according to a sliding scale 
of population, the total annual compensation a treasurer 
may receive, directly or indirectly, 'including all his salaries, 
allowances, commissions, and fees whether derived from 
the State, or any political subdivision thereof, or from any 
person or corporation," and requires him to keep a full and ac- 
curate account of '^all such fees, allowances, commissions and 
salaries to which he is entitled under the law" actually collected 
by him, said account to be kept in the manner and form pre- 
scribed by the auditor of public accounts and to be at all times 
open to public inspection, and annual report made therefrom, 
through the auditor of public accounts, to the commission 
created by said Act, composed of the governor, the auditor, and 
the State accountant. Acts 1914, p. 707, Biennial 1914, p. 494. 

State Institutions Educational in Character 

The boards of visitors or trustees of State institutions of 
learning and of Schools for Defective, Deficient, and Delinquent, 
and the board of directors of the State library, receive no per 
diem, mileage, or other compensation for their services, but are 
allowed their actual expenses in attending meetings of their 
boards or committees of the boards. Const., § 132; Code, §§ 
254, 1713b, 1549 (U. Va.), 1596 (V. P. I.), 1613(14) (V. 
N. & I. I.), 1637a; Acts 1914, p. 567, Biennial 1915, p. 461. 



Part IV 



TABLES 



CONSECUTIVE SECTIONS OF STATE CONSTITUTION 199 



TABLE I 

Showing Consecutive List of Sections of Virginia Constitution of 1902 
Concerning Education, as amended to July 1, 1914, cited in pages of this 
volume. 

SECTION 

18 — Qualifications of voters 29 

21 — Conditions for voting 139 

24 — Who not deemed to have gained legal residence 103 

32 — Qualifications of officers 29 

33 — When terms of officers to begin and end 31 

34 — Oath to be prescribed 29 

68 — Auditing Committee, appointment and constitution; powers 

and duties 62 

81 — State Treasurer 61 

82 — Auditor of Public Accounts 59 

83 — Salaries of officers of Executive Department 191 

84 — Establishment of system of checks and balances on officers en- 
trusted with collection of revenues 62, 188 

85 — Bonds of officers handling State funds 170 

96 — Circuit judges, election, qualifications, residence and term of 

office 58 

110 — County officers, number, terms and compensation 55,57 

111 — ^]\lagisterial districts, supervisors; how chosen, powers and 

duties 16,45,55(2) 

112 — Elections for county and district officers, when held, terms of 

officers 55 (2) , 57 

115 — Examination of books, accounts, etc., of officers handling public 

funds 178 

116— Definition of ''cities" and "towns" 16 

119 — Commonwealth's Attorneys in cities; Commissioners of Reve- 
nue in cities 55 

120 — City officers, their titles, election, powers and duties 57 

121 — City Council, composition, how elected, powers and duties; in- 
eligibility of members to certain offices; powers and duties as to 
re-apportionments 56 

122 — Election and terms of office of city officers 56 

127 — Concerning bonded indebtedness of cities and towns 162 

129 — Free schools to be maintained 9 

130 — State Board of Education, composition, vacancies, how 

filled : 30,31(3) 

131 — Superintendent of Public Instruction, how elected, term of 

office; how vacancies filled, duties 31 (2) , 33, 35, 191 



200 VIRGINIA LAWS COXCEKXIXG EDUCATION 

SECTION 

132 — Powers and duties of State Board of Education. .31, 33 (3) , 

36(2), 196 

133 — School districts; school trustees 39, 40, 45 

134 — Literary Fund 109 

135 — Appropriations for school purposes, school age.. ..109, 130(2) , 

131,172, 181 

136— Local school taxes 56, 57, 136, 139, 170 

137 — Agricultural, normal, manual training and technical schools.... 9 

138 — Compulsory education ; exceptions 20 

139— Free text books 32, 129 

140 — Mixed schools prohibited 17 

141 — State appropriations prohibited to schools or institutions of 
learning not owned or exclusively controlled by State or some 
sub-division thereof; exceptions to the rule 10,41,110,184 

142 — Boards of visitors and trustees of educational institutions, 

how appointed, and term of office 75 

168 — Taxable property; taxes shall be uniform as to class of sub- 
jects and levied and collected under general laws 130 

169 — How property assessed; General Assembly may grant cities 
and towns right to reduce taxation for a period of years on land 
added to corporate limits; right of General Assembly to segre- 
gate property for purposes of taxation 131 

171 — Re-assessment of real estate 131 

173 — State, county and municipal capitation taxes 130(2), 139 

183 — Property exempt from taxation 144 



COJS^SECUTIVE SECTIONS OF STATE CODE 201 



TABLE II 

Showing Consecutive List of Sections of Virginia Code of 1904 Con- 
cerning Ediica'tion, with the latest amendments thereto, made at sessions 
of General Assembly 1906, 1908, 1910, 1912, 1914, or Extra Session of 1915, 
as cited in pages of this volume. 

SECTION 

49 — Colored persons and Indians defined; Amended Acts 1910, p. 

581, Supplement 1910, p. 16 17 

62 — Qualifications of voters; disqualifications; Amended Acts 1909. 

p. 83, Supplement 1910, p. 19 '. 29 

87 — Governor, lieutenant-governor, attorney-general. State treasurer, 
superintendent of public instruction, etc. ; election ; term of 
office , 31,61 

92 — Treasurer and attorneys for Commonwealth ; when elected ; 
term of office; Amended Acts 1908, p. 66, Supplement 1910, 
p. 24 55,57 

96 — Supervisors, when and how elected; term of office 55 

98 — Providing for officers of cities ; their election or appointment 
and terms of office; Amended Acts 1909, p. 60, Supplement 
1910, p. 25 55, 56, 57 

101 — How election for free school purposes held and results de- 
termined 33, 62 ( 2 ) 

103 — When term of officer elected to fill vacancy commences and ex- 
pires 62 

115 — When special election ordered by governor, etc.; how writ issued 

and notice given 33, 62(2) 

146 — How special elections superintended and determined 62 

164 — Qualification of provisions fixing disability of persons holding 
office under United States. Acts 1914, p. 12, Biennial 1914, p. 

114 

168 — Form of general oath of office 30 

169 — Form of oath against duelling where not removed 29, 30 

175 — Where the fact of oaths having been taken is recorded. Acts 

1906, p. 63, Supplement 1910, p. 31 30 

177 — Bonds taken by courts and officers; their provisions and con- 
ditions 170 

183 — Salaries and mileage of certain officers of government — gover- 
nor, attornev-general, superintendent of public instruction ; 
Amended Acts 1906, pp. 4, 250, Supplement 1910, pp. 32-33 191 

221 — Officers of the State and its institutions to make reports to the 

governor 86, 88 

222b — Governor to designate Arbor Day 28 

223 ) 

r.o^ \ Auditor's election and term of office 59 

224 \ 

225] 

tt) [Bonds of certain officers 60,170 

^29 



202 VIRGINIA LAWS CONCERNING EDUCATION 

SECTION 

246 — Eight copies of each volume of published reports of Supreme 
Courts of Appeals to be furnished to each university and col- 
lege in the State in which a law school is established ; Amended 
Acts 1914, p. 506, Biennial 1914, p. 116 '. 101 

247 — State Library; bond of librarian and doorkeeper 94, 170 

248— " " fund 129, 187 

249 — " " donations and exchange of State publications 96(3) 

250 — " " donations of State publications to Universities and 

colleges having law schools 102 

251 — " " custody of securities belonging to State librarv 

fund \. 187 

252 — " " how books, etc. may be sold; by whom 187 

253— " " how fund paid out 186 

254 — " " how board of directors appointed; term of office; 

certain powers and duties 94(3), 96 (3), 98, 

152, 187, 196 

255— " " additions to 95,96 

256 — " " historical works and relics; editing and publishing 

historical records; amount to be expended; from 
what fund 96 

257— " * " duties of librarian 95, 187 

258 — " " when to be opened 97 

259 — " " doorkeeper library; his duties 95 

260— " " who may use 97 

260a — " " protection of the books and other property in the 
State library, and to punish any person who shall 
wilfully remove the same therefrom or who shall 
fail to return the same after receiving notice from 
the librarian 97 

261] 
to I Law libraries 94 

264] 

279 — Acts of Assemblv; printing and distribution; Amended Acts 

1912, p. 14, Biennial 1912, p. 14 95, 102(2) 

380 — Governor may furnish small arms to incorporated institutions 

of learning in which military tactics taught 101 

436 — State Board of Education to keep certificates of West Vir- 
ginia's share of debt 110 

437 — Assessment of lands and lots; Amended Acts 1910, p. 190, Sup- 
plement 1910, p. 73 131 

457 — What real estate exempt from taxation 132, 143 

488 — What personal property exempt from taxation 132, 144 

501a— Dog tax; Amended Acts 1912, p. 499, Biennial 1912, p. 53....55, 138 

602 — Treasurers to collect and pay over levies and taxes 57, 171 

603 — When treasurers to receive taxes; shall advertise time and 
place; penalty on taxpayers after 1st of December; treasurer to 
call on each taxpayer thereafter; when they may distrain; 

Amended Acts 1906, p. 31, Supplement 1910, p. 91.' 57, 171 

604 — When treasurer to pay taxes into State treasury; auditor may 
call for settlement of collections and require payment : Rich- 
mond, Petersburg, Lynchburg, etc 57, 60, 178, 188 



CONSECUTIVE SECTIONS OF STATE CODE 203 

SECTIOX 

605 — Treasurers to return lists of uncollectible taxes and delin- 
quents 171 

613 — Compensation of treasurers for receiving and paying over 
revenue; Amended Acts 1908, p. 363, Supplement 1910, p. 93; 
Construed by Acts 1912, p. 686, Biennial 1912, p. 57, given as 
613a i 194 

613a — Manner of computing commissions of treasurer; Amended Acts 

1912, p. 686, Biennial 1912, p. 57 194 

614 — Treasurers' compensation for receiving and disbursing levies; 
Amended Acts 1910, p. 160. Supplement 1910, p. 93; Construed 
Acts 1912, p. 686, Biennial 191, p. 57 196 

743a — Fines, etc. shall be paid into treasury to credit of literary 

fund 1 \. 182 

752 — How moneys paid into the State treasury 59, 175 

753 — State depositaries, their bonds, etc. Amended Acts 1914, p. 

568, Biennial, 1914, p. 133 170, 174 

755 — If moneys not paid into State treasury according to § 752, 

debtor still liable 175 

756 — Depositaries to place money to credit of State treasury 176 

757 — Moneys may be paid into treasury h\ certified check, etc 175 

764 — Fiscal year of the Commonwealth 178 

768 — What claims to be presented to second auditor 176, 183 

772 — Who to draw warrants for Treasurer to receive money 59 

773b — Relief of any county or city treasurer wlio has lost the school 
warrant issued to him; auditor of public accounts to credit 

said treasurer with the amount of such lost warrants 60 

779 — Second auditor to keep account of certain corporations 183 

780 — Treasurer to keep separate account of each branch of revenue 

61, 175 
781 — Treasurer to keep separate account also of literary fund, 

etc 61, 175, 182 

783 — Treasurer to furnish auditor list of receipts and payments 61 

786a (5) — Treasurers' annual settlement with supervisors and scliool 

boards 55,57,58(3), 180(2) 

787 — Auditors and treasurer to make annual reports to governor 188 

788 — What report of auditor to contain; Amended Acts 1912, p. 158, 

Biennial 1912, p. 63 188 

803 — ^^Magisterial districts established 16 

804 — Rearrangement of districts; Amended Acts 1914, p. 15, 

Biennial 1914, p. 135 16 

814 — Bonds of officers; Amended Acts 1914, p. 667, Biennial 1914, 

p. 136 170 

815 — Bonds required of city treasurers; Amended Acts 1914, p. 52, 

Supplement 1914, p. 137 170 

821 — Removal of officer from office; proceedings therefor 62,178 

824 — Title of real estate for public school uses to be approved by 
attorney-at-law; appeal; Amended Acts 1912, p. 78. Biennial 

1912, p'. 63 -.54,56,59, 156 

825 — Board of Supervisors, how constituted; may sue and be sued.... 55 
833 — Powers and duties of board of supervisors at annual meeting; 

Amended Acts 1915, p. 147 57, 58, 180 



204 VIRGINIA LAWS CONCERNING EDUCATION 



SECTION 

833a — Boards of Supervisors to fix and order county school levies: 

Amended Acts 1915, p. 147 ". oo, 170(2) 

834a — To authorize and require supervisors to levy a sufficient tax 
in addition to the levy authorized by law to be laid for gen- 
eral district school purposes, to pay the principal and interest 
of certain bonds 139 

853a — Treasurer to make annual settlement with auditor of public 
accounts; Amended Acts 1914, p. 484, Biennial 1914, p. 144. ...57, 

58, 60, 180 

862 — Treasurers' annual settlement with supervisors and county 

school boards. See 786a 180 

863 — Treasurers not to deal in county warrants 177 

865 — Suits against treasurers 170 

944a(7) — No road or landing to be established through lands of 

seminary of learning, etc 102 

1013a — Definition of the words "incorporated communities" 16 

1013b — When incorporated communities of more than 5,000 inhabitants 

shall be known as cities; sub-§ 3% 16 

1014a — Extension of the corporate limits of cities and towns; 

Amended Acts 1912, p. 42, Biennial 1912, p. 72 159 

1015a — Council, how composed, number of members 56 

1015d — Members of city councils to be ineligible during tenure of of- 
fice, and for one year thereafter, to any office to be filled by the 
council of which they may be members 56 

1038b — Council has authority to adopt reasonable ordinances to pre- 
vent improper interference with scholars of female schools in 
the city 104 

1043a — Cities and incorporated towns authorized to establish and 

maintain free public libraries and reading rooms 99, 152 

1067a — Fire escapes from school buildings of over three stories 57, 154 

1105d — Incorporation of colleges, literary societies, etc. Subsections 

amended as follows : 100 

(2) Acts 1910, p. 43, Supplement 1910, p. 152. 

(3) Acts 1908, p. 591, Supplement 1910, p. 152. 

(4) Acts 1912, p. 262, Biennial 1912, p. 80. 

(7) Acts 1910, p. 43, Supplement 1910, p. 155. 

(8) Acts 1908, p. 591, Supplement 1910, p. 155. 

1105e — General provisions applicable to corporations, Sub-§§ 39 and 
55; Amended Supplement 1910, p. 164, 165; Sub-§ 4, Amended 
Biennial 1912, p. 70. 100. 148 

1105f (24) — Limitation of rights of condemnation 102, 156 

1105f(25) — Right of condemnation given school districts and certain 
State institutions; Amended Acts 1912, p. 214, Biennial 1912, 
p. 83. See 1910 Supplement, ])p. 165-170, inc., for amenchnents 
of other subsections of llOSf, concerning condemnation pro- 
ceedings 102, 156 

1396 — Appropriation of glebe lands and church property 146 

1419 — Glebe lands and church property; in whom vested and how ap- 
plied 146 



COiS'SECUTIVE SECTIONS OF STATE CODE 205 

SECTIOX 

1420 — Validity of gifts, devises, etc., for purposes of education; 

Amended Acts 1914, p. 414, Biennial 1914, p. 169 147, 148 

1421 — Who to take and hold such gifts, etc 148 

1422— Probate of such will 55, 148 

1423 — Appointment of trustees to hold such gifts, etc.; suits by and 
against them; settlement of their accounts and enforcement 
of the execution of the trust; Amended Acts 1906, p. 16, Sup- 
plement 1910, p. 204 148 

1424 — Attorney's fee 55, 148 

1425 — Certain statutes contained in force 158, 183 

1426 — Power of General Assembly over devises, etc 148 

1427 — Efficient system of public free schools 9 

1428 — Authorities for administering system 9, 30 

1429— State Board of Education; Amended Acts 1906, p. 226, Sup- 
plement 1910, p. 204 30(2), 31 (4), 34, 36 

1430 — Meetings 31 

1431 — Record of proceedings 31 

1432 — Recovery of money due literary fund; Amended Acts 1906, p. 

432, Supplement 'l910, p. 205 61, 109, 182 

1433 — Duties of State Board of Education; Amended Acts 1908, p. 

530, Supplement 1910, pp. 206-210, inc 9,26,27, 

31(2), 32(2), 33(5), 34(3), 35(4), 36(2), 54, 61, 109, 153(2), 

182(2), 191, 192, 193 
1434 — Superintendent of public instruction; his election and term; his 

salary and traveling expenses; vacancy in office; qualification; 

Amended Acts 1906, p. 432, Supplement 1910, p. 2 10.. ..30, 

31 (2), 35, 192 
1435— Omitted from Act 1902-34. 
1436 — Duties of superintendent of public instruction 34, 35 

1437 — Division superintendent; appointment; term of office; va- 
cancies; his qualification; Amended Acts 1908, p. 530, Sup- 
plement 1910, pp. 210-11 30,31,36(2) 

1438 — Salary of division superintendent; Amended Acts 1910, ]>. 130, 

Supplement 1910, pp. 211-12 50,56,57,61, 193(2) 

1439 — Powers and duties of division superintendent 36 

U40— Repealed 1902-3-/,, p. 835. 

1441 — County school board, how constituted; to be a corporation 41 

1442 — Officers of county school board 37, 47 

1443— Meetings 37,48 

1444 — By-laws, records, and clerk of county school board 47, 194 

1445 — Annual meetings of county school board 48 

1446 — Annual report of county school board 39, 50, 181 

1447 — Powers and duties of county school board ; Amended Acts 
1908, p. 680, Supplement 1910, pp. 212-214. Compare with 

1466a 37, 41, 48(2), 49(4), 50, 55, 146, 149, 157, 15S, 159, 

160, 169, 173, 180(2), 193 

lUH— Omitted from Act 1902-3-.',. 

1449 — Duties of county treasurer as to school funds; his pay; 
Amended Acts 1908, p. 553, Supplement 1910, p. 214....48, 57, 

176,195(2) 



206 VIRGINIA LAWS CONCERNING EDUCATION 

SECTION 

1450 — School trustee electoral board; composition; duties; compensa- 
tion; Amended Acts 1906, p. 432, Supplement 1910, p. 214.. ..37. 

41,55,59 
1451 — Clerk and chairman school trustee electoral board; Amended 

Acts 1906, p. 432, Supplement 1910, p. 214 ....30,36,51, 193 

1452 — How board elected and vacancies filled. 

1453 — District school trustees; their number and term 40 

1454 — Term of office of district school trustees: mode of filling va- 
cancies, etc; qualifications of trustees; Amended Acts 1906, 
p. 432, Supplement 1910, p. 215 39,40,51,52 

1455 — Power of electoral board to declare and fill vacancies, and to 

determine appeals 30, 40, 44, 51, 52, 53 

1456 — Meetings of school trustee electoral board 52 

1457 — Clerk of board; his duties 30,52,193 

1458 — Appointment of school trustees by city councils 39. 52 

1459 — Who can not be district school trustee in county; Amended 
Acts 1908, p. 187, supplement 1910, p. 215; See Sec. 1538 as 
amended bv Acts 1906, p. 513, Supplement 1910, pp. 235-237.... 

40 ( 2 ) , 52 

1460 — Trustee must be resident of district and take oath; Amended 

Acts 1906, p. 432, Supplement 1910, p. 215 30, 39(2), 52 

1461 — District school boards; quorum; chairman and clerk 40,45,47 

1462 — Clerks of district boards to take census of school population; 
their pay; Amended Acts 1906, p. 432, Supplement 1910, pp. 
215-216 ^ 35, 43. 47, 194 

1463 — Clerk to take census of the deaf and blind; his pay; superin- 
tendents to transmit consolidated reports to school for the 
deaf and blind 18, 38, 43, 47 

1463a — Duty of division superintendent when boundaries of dis- 
tricts are changed; Amended Acts 1910, p. 202, Supplement 
1910, p. 216 18, 37, 194 

1464 — Clerks to keep record of proceedings of boards; accounts open 

to inspection 47 

1465 — To discharge other duties; their pay; Amended Acts 1910, p. 

530, Supplement 1910, p. 216 ! 47, 194 

1466 — Powers and duties of district boards of school trustees: 

Amended Acts 1910. p. 536, Supplement 1910, pp. 216-218, inc.... 

21, 27, 41, 42(3), 43(5), 44(3), 45(2), 47, 48, 153, 169, 174(2), 

179 
1466a — Authorizing school boards to sell or exchange school property; 

Amended Acts 1910, p. 356, Supplement 1910, pp. 218-219. 

Compare with Sec 1447 41, 42, 159 

1467 — School districts; to be numbered or named and recorded.. ..16, 31, 37 

146S— Repealed Acts 1908, p. 68J,, Supplement 1910, p. 2t9. 

1469 — Bounds of district; when towns may constitute separate dis- 
tricts ^ 15, 16, 40 ( 2) , 45 

1470 — Division of school districts into sub-districts; Amended Acts 
1906, p. 415, 1908, p. 43, Supplement 1910, pp. 219-225, inc. 

31,50.5] 

U71— Omitted from Act 1902-34- 



COA^SECUTIVE SECTIONS OF STATE CODE 207 

SECTION 

1472 — School officers and teachers not to have pecuniary interest, di- 
rectly or indirectly in school books, appliances, furniture, or 
supplies; exceptions; neither school nor corporation officers to 
discount warrants; Amended Acts 1908, p. 295, Supplement 
1910, pp. 226-227 32,37, 155, 177 

1473 — Deliver}^ of records, etc., to successors 52 

1474 — Penalties on officers and teachers; Amended Acts 1906, p. 432, 

Supplement 1910, p. 227 53, 194 

1475 — Disposition of penalties; how sued for 53,55,109 

1476 — Teachers to hold certificate of qualification; Amended Acts 

1906, p. 432, Supplement 1910, p. 227 21,38,44 

1477 — Teachers to keep register and deliver same at close of term to 

clerk of district board 22, 35 

1478 — District school boards must enter into written contracts with 

teachers 22,35, 193 

1479 — Teachers may suspend pupils 22 

U80— Repealed 1902-S-.'i, p. 835. 

1480a — To pay teachers in the public schools of Virginia without re- 
quiring average attendance of pupils 22 

1480b — Relief of school teachers with too low average attendance 22 

1481 — Meetings of teachers to be encouraged; summer schools: 
Amended Acts 1906, p. 432, Supplement 1910, pp. 227-228.... 

13, 22, 32, 35, 38, 44, 50 

1482 — School property of district to vest in district school board 

41, 45, 46, 157 
1483 — How donations to schools in district to vest; Amended Acts 

1910, p. 511, Supplement 1910, p. 228 48, 149, 180 

1484 — Annual reports of treasurers and clerks of district school 
boards to county school boards; records and papers. .45, 49 (2) , 

58,179(2) 

1485 — Penalty for failure under Sec. 1484; Superintendent to report 
on delinquent officers: Amended Acts 1908, p. 553, vSupplement 
1910, pp. 228-229 39,49(2), 179(2) 

1486 — Proceedings against officers, etc., to compel settlements of ac- 
counts 49 ( 2 ) , 55 

1487 — Appeals 37,51,53 

1488 — Condemnation and purchase of land for school houses; Amended 

Acts 1914, p. 270, Biennial 1914, p. 171 59, 156(2) 

1489 — Construction of school houses; condemnation of unsuitable 

buildings; Amended Acts 1906, p. 432, Supplement 1910, p. 

229 37, 153, 155 

1490 — District not to receive funds until it provides school houses, 

etc 173,174 

1491 — When State funds paid for school purposes in districts 173 

1492 — Who admitted to public schools; provision for children of ad- 
joining districts; separate schools for white and colored; 
Amended Acts 1912. p. 648, Biennial 1912, pp. 99-100.. ..17 (2) , 18, 

32,38,43,51,54 

1493 — Qualifications of preceding Section; Amended Acts 1912, p. 648, 

Biennial 1912, p. 100 19,32,43,51,54(2) 



208 VIRGINIA LAWS CONCERNING EDUCATION 

SECTIOX 

1494 — Admission of persons between twenty and twenty-five years of 
age; and establishment of night schools; Amended Acts Extra 
Session 1915, p. 190 11,17,32,42,43 

1495 — Minimum required for a school 9, 32 

1496 — Exclusion of persons with contagious diseases, or who have not 
been vaccinated; Amended Acts 1906, p. 432, Supplement 1910, 
p. 230 22, 24 ( 2 ) , 25 ( 2 ) , 50 

1497 — What to be taught in schools: Amended Acts 1906, p. 432; 

Supplement 1910, pp. 230-231 15 

1498 — Provision for intermediate grades of instruction 10, 32, 41 

1499 — Higher branches not to interfere with elementary 10 

loOO— Repealed 1908, p. 68J,, Supplement 1910, p. 231. 

1501— Repealed 1906, p. ^32, Supplement 1910, p. 231. 

1502 — Preference to be given to graded schools 9 

1503 — How number of schools regulated 9,32,50(2) 

1504r— Repealed 1906, p. Jt32, Supplement 1910, p. 231. 

1505— The literary fund 59, 60, 109 ( 2 ) , 172, 182 

1506 — Of what school funds to consist; Amended Acts 1914, p. 474, 

Biennial 1914, p. 172 37,55, 56, 109 (2) , 130, 136, 137 (2) , 

138,(3), 139, 170(2) 

1506a — To permit city and county school boards to change the deposi- 
taries of school funds, to prescribe the methods therefor, and to 
fix the compensation, duties and responsibilities of such de- 
positaries 38, 49, 171 

1507 — Approximate apportionment and disbursement of State school 
funds; Amended Acts Extra Session 1915, p. 137.. ..35, 60, 130, 

131, 172(3) 
150^— Repealed 1908, p. ^32, Supplement 1910, p. 233. 

1509 — Treasurer to pay warrants; Amended Acts 1908, p. 585, Sup- 
plement 1910, p. 233 ....: 58, 177 

1510 — County school boards to compare warrants 39, 49, 179 

loll— Repealed 1889-90, p. 23. 

1512 — Distribution of residue of State funds 35, 172 

1513— Repealed 1902-3-^, p. 835. 

1514 — Assessment of school taxes; district taxes to be kept separate; 
duty of auditor as to land and property books; Amended Acts 
1908, p. 553, Supplement 1910, p. 233...* 59 

1515 — County treasurer to receive and disburse school moneys; to col- 
lect school levies and keep separate accounts; their compen- 
sation; See Sees. 613, 613a; construed Acts 1912, p. 686, Bien- 
nial 1912, p. 57 171, 175, 194 

1516 — (Provisions of this section are in effect repealed by section 
1507 as amended by Acts Extra Session 1915, p. 137) 

1517 — Claims against school districts, how audited and warrants is- 
sued; Amended Acts 1908. p. 581, Supplement 1910, pp. 233- 
234 176 

1518 — Treasurer's accounts, how rendered and examined; Amended 

Acts 1908, p. 553, Supplement 1910, p. 234 57,176,179 

1519 — How salaries of division superintendents paid 193 



CONSECUTIVE SECTIONS OF STATE CODE 209 

SECTION 

1520 — Unexpended school funds; how disposed of; Amended Acts 

1908, p. 553, Supplement 1910, p. 234 177(2) 

1521— >Sfee § 1520 

1522 — Establishment and maintenance of public free schools in cities 

and towns constituting separate school districts.. ..9, 10. 17, 39, 

46,57, 171,175,176 
1523 — Omitied from Act 1902-3-Jf. 

1524 — Number and bounds of school districts 16, 39, 45 

1525 — School board of city a corporation 39,41,45,157 

1526 — Territorial jurisdiction of the school board in cities and towns 
constituting separate school districts; its clerk, and his pay; 
Amended Acts 1914, p. 498, Biennial 1914, p. 174..45, 46(2) , 47, 194 

1527 — Who ineligible as division superintendent or clerk of school 

board; Amended Acts 1912, p. 524, Biennial 1912, p. 101..-36, 47 (2) 

1528— City school trustees 39,56 

1529 — Levy of taxes for schools, or appropriation, by citv council: 

Amended Acts 1906, p. 82, Supplement 1910, p. 235..56, 139, 170(2) 

1530— 0}mtted from Act 1902-3-4. § 1538 (14) embodies the same 
provisions. 

1531 — Apportionment of State funds; how and by whom kept and dis- 
bursed ill cities; Amended Acts 1906, p. 513, Supplement 1910, 
p. 235 58, 175, 176 

1532— Repealed 1902-3-J,, p. 835. 

1533 — Pay of division superintendent of schools in cities 193 

1534 — When city division superintendent to teach 36(2) 

1535] 

1536 \ Repealed 1902-3-J,, p. 835. 

1537] 

1538 — Powers and duties of city school boards; qualification of trus- 
tees, etc.; a corporation; Amended Acts 1906, p. 513, Supple- 
ment 1910. pp. 235-237 9, 10. 12, 27, 30, 33, 37, 39 (2) , 40, 

42(4), 43(3), 44(3), 45, 46, 47(2), 153, 155, 157, 169, 174, 176 

15391 

\ Repealed 1902-3-J,, p. 835 

1540 J 

1541 — The University of Virginia is continued; Amended Acts 1908, 

p. 379, Supplement 1910, p. 238 75(3), 76, 160, 170 

1542 — Appointment of visitors of University. See Acts 1906, p. 539. 

Supplement 1910, p. 692 75 

1543 — When office of visitor of University deemed vacant 75 

1544 — Meeting of board of visitors; quorum; rector; secretary 76 

1545 — The executive committee of board of visitors 76 

1546 — Duties of board of visitors; water supply; appointment and re- 
moval of president and professors; appointment of bursar and 

proctor 76(2), 77, 156, 160 

1547 — Confirmation of certain contracts concerning the University 156 

1548 — Testimonials to University students 77 

1549 — Visitors' expenses 196 

1550 — Annual report of board of visitors of University 86 

1551 — Salary of president and professors; salaries and fees 66 



14 



210 VIRGINIA LAWS CONCERNING EDUCATION 

SECTION 

1552 — What branches of learning to be taught at the University 65 

1553 — Payment of bonds of the University 167 

1554 — Annual appropriation to University. See also appropriation 

bills 66 

1555 — Payment of interest on debt of the University; sinking fund.... 167 

1556 — Hovv^ debts contracted on account of University ; Amended 

Acts 1908, p. 380, Supplement 1910, p. 238 76, 166 

1557 — Donations to University; how invested, etc 149 

1558 — When donations made for special objects, how applied 149 

1559 — Donations irrevocable; disposition thereof, if refused 150 

1560 — Reservation of nomination by donor 150 

1561 — State to be trustee of donations; liability of Treasurer 184 

1562 — Provision for interest on certain bonds owned by the University 184 

1563 — Virginia Military Institute is continued 77, 117 

1564— Appointment of visitors of V. M. 1 34, 77, 78 

1565 — Meeting of board of visitors; president, secretary 77 

1566 — By-laws and regulations 78 

1567 — Arsenal, etc., vested in V. M. 1 78, 160, 161 

1568 — Power to borrow money and secure its payment..... 167 

156d~Repealed 1902-3-Jf, p. 639. 

1570 — Appointment of treasurer V. M, 1 170 

1571 — His report; examination of his accounts 34,86,184 

1572 — Appointment, removal and salaries of professors 67, 78 

1573 — Officers of V. M. I. to be officers of militia, and to hold com- 
missions therein; Amended Acts 1912, p. 115, Biennial 1912, 

pp. 101, 102 68 

1574 — Admission of pay cadets 67, 79 

1575 — State cadets; terms of admission 67,79 

157 Q— Repealed 1902-3-Ji, p. 639. 

1577 — Commissioned officers of militia may become students at 

V. M. I \ 67 

1578 — Cadets to guard institute 67 

1580 } ^^P^^^^^ 1902-3-Jf, P- 639. 

1581 — How the degree of graduate is conferred 79 

1582 — State cadets to act as teachers; Amended Acts 1912, p. 161, 

Biennial 1912, p. 102 67 

1583 — Annual inspection and report of visitors 78, 86, 160 

1584 — Musicians, how enlisted and paid 79 

1585 — Supply of water 156 

1586 — V. P, I. and Hampton Normal and Agricultural Institute; 

payment to them of interest on funds from land grants 73, 

85, 119, 125, 150 

1587 — Students who may attend V. P. I. free of charge 47, 49, 68, 74 

1588 — Reversion of property V. P. I. upon withdrawal of annuity 

119(2), 161 

1589— ( urriculum of V. P. 1 68 

1590 — How long students may attend V. P. I. free of charge 68, 74 



CONSECUTIVE SECTIONS OF STATE CODE 211 

SECTION 

1591 — Appointment of visitors of V. P. 1 34, 79 

1592 — Board of visitors V. P. I. a corporation and under control of 

General Assembly 79 

1593 — Rector and clerk; quorum 79 

1594 — When office of visitor deemed vacant 79 

1595 — Meetings of board of visitors 80 

1596 — Duties and expenses of board of visitors 80(3), 160, 196 

1597 — Professors' salaries; fees of students 68 

1598 — Experimental farms and laboratories V. P. I. and Hampton, 

73, 119, 125 
1599 — Agricultural Experiment Station at V. P. I; Amended Acts 

1908, p. 305, Supplement 1910, pp. 239-243 69 

1599a — State Live Stock Sanitary Board at V. P. I.; Amended Acts 

1908, p. 305, Supplement 1910, pp. 239-243 69, 81 

1600 — Bond of treasurer; Amended Acts 1914, p. 500, Biennial 1914, 

p. 174 80, 170 

1601— Donations to V. P. 1 119,150,161 

1602 — Conditions of annuity to Hampton Normal and Agricultural 

Institute; curators of the fund 74 (2), 85, 125 

1603 — Selection of students at Hampton 74 

1604 — Treasurer of Hampton Institute; his appointment and bond, 

86, 170 

1605 — State Board of Education to turn over funds to V. P. I. and 
to Hampton; payment of interest on debt of State held by 
them 34, 74, 86, 119, 184, 185 

1606— Annual report of V. P. I. and Hampton 86(2) 

1607 — Power of General Assembly to withdraw appropriations made 

to V. P. I. and Hampton 74,119,125,150 

1608 — State Female Normal School continued; Amended Acts 1914, 

p. 567, Biennial 1914, p. 461 71 

1609 — Duties of Board 1 See Virginia Normal School Board. 

I Acts 1914, p. 567, Biennial 1914, 
1610 — Grant of diplomat, etc.] p. 461 84 

1611 — Number of pupils each county and city may send free to Farm- 

ville State Normal School for Women 71 

1612 — Annual appropriation to State Female Normal School at 

Farmville. See also appropriation bills 121 

1613 — The Virginia Normal and Industrial Institute continued; ap- 
pointment of visitors; their terms; quorum; treasurer's bond; 
powers and duties of board; State students; appropriations; 
donations; summer normals; salaries; meetings of board; 
their expenses ; president of board ; vacancy, how filled ; re- 
moval of visitors;" secretary of board; his duties and pay; 
president of Institute ; his salary and term ; professors and 
their salaries; normal department; college department; what 

to be taught therein 13,14,33,34.38,73(2), 

84(2), 85, 86, 124,151, 160, 170, 185(2), 196 

ip,;. > Provisions embodied in subdivisions 4 <iwd 14 of § 1613. 

1616-— Removal of visitors , : 84 



Provisions embodied in subdivisions 5 and 8 
of § 1613. 



212 VIRGINIA LAWS CONCERNING EDUCATION 

SECTION 

1617 
1018 
1619 
1620 
1621 
1622 
1623 
1624 

1625 — Testimonials to students 85 

1P27 f Provisions embodied in subdivisions 10 and 10 of § 1613. 

1628 — No additional pay allowed for teaching in summer 14 

1629 — Notice of commencement of summer school; teachers required 
to attend. 

Note to § 1629 Pollard's Code of 1904: "This section 
passed originally 1883-4, p. 442, was amended 1884, p. 170; the 
original section was then repealed 1887, p. 316. Is this section 
thereby repealed?" 

16301 

1631 [Provisions embodied in subdivision 18 of § 1613. 

1632] 

1633 — Use of funds by superintendent of public instruction 14 

1634 — Provisions embodied in subdivision 13 of § 1613. 

1635 — Supervision by State Board of Education 84 

1636 — Control by General Assembly 84 

1637— Annual reports of institutions of learning... .78 (2) ,85, 86, 88, 89, 187 

1637a — Expenses of visitors of institutions of learning 196 

1638 — Penalty of reports not made 187 

1639 — Payment of interest on bonds of State held by colleges, etc. 
1640 — Exchange of coupon bonds for registered bonds. 

1641 — Cancellation of bonds 

1642— Scholarships 151 

1643 — Investment of funds therefor 151 

1644 — Donations irrevocable; right of nomination by donor 151 

1645 — Provision if donor fails to nominate 15i 

1646 — Scholarships by alumni 151 

1647 — Who prohibited from making contracts with State institutions, 

etc 160 

1648 — Register of State property 160 

1649 ] 

1650 I Miller Manual Labor School 93,158 

1650a J 

1651 — Medical College of Virginia, continued 82 

1652 — Institution for Deaf and Dumb and Blind a corporation; its 

powers 87 

1653 — Appointment of visitors for Deaf, Dumb and Blind Institu- 
tion 34,87 

1654 — President and secretary of board 88 

1655— Duties of Board 88 

1656 — Their meetings 88 



CONSECUTIVE SECTIONS OF STATE CODE 213 

SECTION 

1656a — Election and removal of superintendent, professors, etc 88 

1657 — Fiscal year; annual report 86,88 

1658 — School for deaf mutes and the blind; how pupils selected; 

charge for support 87 

1659 — Appropriation 126 

1718b — Members of boards of visitors of State institutions may inves- 
tigate the management of their respective institutions or the 

conduct of any officers or employees thereof 196 

1713c — ^Expenses of boards of visitors oi institutions of learning. 
1733 — Compulsory vaccination free to the poor, including children at- 
tending free schools 24, 25, 56, 57 

, 1 Regulating the procuring and distribution of dead bodies for 
,-Qo f the promotion of medical science 65,71,101 

1906c — To protect the owners of timber and logs from depredation.... 138 

2140a — Assessment of oysters for taxation, collection of tax 132 

2582 — How minor child may be placed in asylum or school 92 

2585 — What master may teach apprentice 92 

2603 — Instruction of wards 92 

2680 — How fiduciaries compelled to exhibit their accounts for settle- 
ment 180 

2835 — Crediting or gambling with students prohibited 105 

3140 — Who are exempt from jury service; Amended Acts 1910, p. 68, 

Supplement 1910, 407 103 

3697 — Burning college, school, etc., how punished 104 

3731 — Injuries to public buildings, how punished 104 

3805b — Disturbance of schools, literary societies, etc 27 

3840 — Crediting students, how punished 105 

3929 ) Appointment of conservator of peace at university or college; 

3930 I powers and duties 103, 104 

4173d — Prison Association of Virginia for minors, at Laurel 91 

4173e — Negro Reformatory Association of Virginia; Amended Acts 

1908, p. 653, Supplement 1910, p. 502 92 

Code page 2206, cl. 145; of Code, Acts 1903, School taxes to 
be separately assessed and paid in money 59 



214 VIRGINIA LAWS CONCERNING EDUCATION 

TABLE III 
ACTS OF ASSEMBLY CONCERNING EDUCATION 

of a General and Permanent Nature, not in Terms Amendatory of the Code, 
given chronologically as last amended, and as found in Supplement 1910 to 
Pollard's Code of 1904, Pollard's Code Biennials 1912, 1914, and in Acts of 
General Assembly from 1906 through the Extra Session of 1915. 



Acts 1906 
Supplement 1910 — 

PAGE 

544 — Acts 1906, p. 21, Chap. 32. — When cities of second-class be- 
come cities of the first-class 16 

573 — Acts 1906, p. 94, Chap. 92, — An Act (amending and reenacting 
Act approved March 5, 1888, establishing a normal school at 
William and Mary College in connection with its collegiate 
course and transferring the real estate and personal propertv 
of the college to the State 34, 38, 70, 82, 86, 110, 160, 185 

—Acts 1906, pp. 172-189, Chap. 113, and p. 209, Chap. 129, appro- 
priating the public revenues for the two fiscal years ending, 
respectively, February 28, 1907, and February 29, 1908 66 

— Acts 1906, p. 179, of (Chap. 113) an Act appropriating the public 
revenues under which the Universitv fee was reduced from 
$40.00 to $10.00 ! 66 

— Acts 1906, p. 209, Chap. 129. — An Act appropriating the public 
revenues, under which provision was made for a system of 
traveling libraries 98 

644 — Acts 1906, p. 230, Chap. 147, sub-sec. 21. — Providing for levy 

of taxes in cities of second-class 16, 139, 170 

651 — Acts 1906, p. 235. — An Act giving towns power to issue bonds 

for school improvement 163 

656 — Acts 1906, p. 248, Chap. 164 — An Act to provide for the estab- 
lishment of the "Virginia State School for Colored Deaf, Dumb 
and Blind Children" 86, 89, 151 

663 — Acts 1906, p. 350, Chap. 211. — An Act to establish and main- 
tain a system of public high schools 10, 32, 38, 41, 

58, 111. 112, 114 

683 — Acts 1906, p. 386, Chap. 226. — An Act to provide for an annual 
appropriation for the Virginia State Agricultural Experiment 
Station and regulating the expenditures thereof. For other 
provisions on this subject, see Code, § 1599a 69, 81 

692 — Acts 1906, p. 539, Chap. 307. — An Act to make the superin- 
tendent of public instruction ex-officio member of the board of 
visitors of the University of Virginia, see Code, Sec. 1542 34, 75 

— Acts 1906, p. 545, Chap. 309. — An Act to provide for the ap- 
pointment of an auditing committee 62 



ACTS OF GENERAL ASSEMBLY 215 

Acts 1908 

PAGE 

718 — Acts 1908, p. 3, Chap. 2. — Cities of the second-class; sub-sec. 

15, magisterial and school districts; levies 16(2), 36, 40, 57 

723 — Acts 1908, p. 35, Chap. 29. — An Act to authorize and empower 
incorporated educational institutions to sell and convey real 
estate in excess of 1,000 acres under certain conditions 81, 103 

728 — Acts 1908, p. 69, Chap. 67. — An Act to provide for normal in- 
struction in certain public high schools to be designated by the 
State Board of Education 13, 32 

685— Acts 1908, p. 106, Chap. 83.— An Act amending Act of 1906, 
p. 446, Chap. 252, authorizing the several school boards of the 
school districts in this State to borrow money belonging to the 
literary fund for certain purposes, and to authorize the loan of 
said funds to each district. See 1914 amendment to sub-sees. 
4 and 8 34, 35, 45, 61, 164, 181 

758 — Acts 1908, p. 266, Chap. 187. — An Act for the purpose of regu- 
lating the construction of public school buildings in order that 
the health, sight, and comfort of all pupils may be properly 
protected 154 

788 — Acts 1908, p. 335, Chap. 223. — An Act to authorize county 
school boards in the State to lend to the district school boards 
of their respective counties funds belonging to said county 
school board derived by gift or devise, taking the obligation of 
the district school board therefor 47, 48, 163 

792— Acts 1908, p. 367, Chap. 247.— An Act to establish a School of 
Mines as a department of the Virginia Agricultural and Me- 
chanical College and Polytechnic Institute (V. P. I.) 68 

795 — Acts 1908, p. 381, Chap. 260. — An Act to require all colleges, 
universities, etc., to report monthly to the auditor of public ac- 
counts in detail the manner in which all funds received by said 
institutions from the Commonwealth are disbursed 86, 187 

795— Acts 1908. p. 384, Chap. 264.— An Act to authorize the State 
Library Board to charge fees for certain services rendered by 
the library staff, the said fees to be turned into the State 
Treasury to the credit of the library fund 187 

— Acts 1908, pp. 420-442, inclusive. Chap, 284. — An Act appropri- 
ating the public revenues for the two fiscal vears ending, re- 
spectively, February 28, 1908, 1910 ^66, 72 (2) , 84, 86, 122 

—Acts 1908, p. 427, Chap. 284.— An Act establishing State Normal 
and Industrial Schools for Women at Harrisonburg and Fred- 
ericksburg 38, 72,84 

643 — Acts 1908, p. 555, Chap. 310. — ^An Act amending Act of 1906, 
p. 221, requiring the several county and district school boards 
of Virginia to make and publish annually a statement of re- 
ceipts and disbursements, and providing a penalty for failing 
to do so 50, 181 

833— Acts 1908, p. 559, Chap. 312.— An Act to provide the com- 
missions that shall be allowed county treasurers upon funds 
handled by them, that are raised by the issuance and sale of 
county bonds and of school district bonds 195 

846 — Acts 1908, p. 625, Chap. 351. — An Act to provide for the dis- 
tribution of certain State publications 102 



216 VIRGINIA LAWS CONCERNING EDUCATION 



PAGE 

847— Acts 1908, p. 640, Chap. 364. — An Act to provide (in certain 
cases) for the compulsory attendance of children between the 
aofes of eight and twelve years upon the public schools of Vir- 
ginia and providing penalty for failure, and designating the 
manner of collecting such penalties 21,37,44,47 

855— Acts in08, p. 661, Chap. 377. — An Act providing for testing 

the sight and hearing of pupils in the public schools 25,35, 116 

—Acts 1008, p. 688, Chap. 404.— An Act to establish a public 
free school on the grounds of the Prison Association of Vir- 
ginia at Laurel, Henrico County, and to make an appropriation 
for erection and equipment of the school house and. to provide 
for the conduct and maintenance of the same 33, 91 



Acts 1910 

861— Acts 1910, p. 23, Chap. 19. — An Act providing that the Uni- 
versity of Virginia accept and be embraced within the benefits 
of the Carnegie Foundation for the advancement of teaching 66 

833 — Acts 1910. p. 127, Chap. 97. — An Act amending an Act of 
1908, p. 559, Chap. 313. — Providing a retirement fund for 

public school teachers. See Acts 1912, p. 655, post 23, 24, 

32,34, 139, 170, 173, 183 

—Acts 1910, p. 176, Chap. 120.— An Act establishing a State 
Normal and Industrial School for Women at Radford 38, 72, 84 

882 — Acts 1910, p. 208, Chap. 138. — An Act to provide for the ap- 
portionment of school funds and for taking the census of 
children in school districts situated in more than one 
county 18 ( 2 ) , 49, 174 

893 — Acts 1910, p. 243, Chap. 156. — An Act to establish a uniform 
system of bookkeeping and accounting and for the appoint- 
ment of a State accountant 62, 170, 189 

905 — Acts 1910, p. 269, Chap. 179.— An Act to authorize the State 
Poard of Health to adopt, promulgate and enforce rules and 
regulations for the betterment and protection of the public 
health of the State of Virginia 24, 155 

687 — Acts 1910, p. 279, Chap. 184.— An Act (amending Act of 
February 25, 1908, p. 103, Chap. 82, amending Act 1906, p. 
235, Chap. 148) authorizing district school boards to borrow 
money and to issue bonds for the purpose of erecting school 
houses, etc 45, 56, 166 

910 — Acts 1910, p. 327, Chap. 206.— An Act to establish a public 
free school on the grounds of the Negro Reformatory Associa- 
tion of Virginia in Hanover County, and provide for its con- 
duct and maintenance 33. 92. 128 

911 — Acts 1910, p. 328. Chap. 208. — An Act to authorize the boards 
of supervisors in the several counties of the State to appropri- 
ate money for the establishment, equipment, and maintenance 
of agricultural schools, and to ratify and confirm any ap- 
propriations already made to such schools by the l)oar(] of suj)er- 
visors in any of the counties of the State 55, 137 



ACTS OF GENERAL ASSEMBLY 217 



PAGE 

913— Acts 1910, p. 335, Chap. 221.— An Act to provide for the con- 
tinuance of the commission appointed under Act of March 13, 
1908 (Acts 1908, p. 390, Chap. 272) to devise a stable method 
for the maintenance, management, and expansion of the edu- 
cational institutions of the State 130 

920 — Acts 1910, p. 362, Chap. 253. — An Act to provide for instruction 
in agriculture, domestic arts and sciences, and manual train- 
ing in public high schools 32 

930 — Acts 1910, p. 377, Chap. 264.— An Act to provide for public 

playgrounds in certain cities and towns 101 

— Acts 1910, p. 389, Chap. 273. — An Act concerning the charter 
and transactions of the General Alumni Association of the 
University of Virginia 66, 77 

— Acts 1910, pp. 395 to 422 inclusive, Chap. 282. — An Act to ap- 
propriate the public revenue for the two fiscal years ending 

respectively February 28, 1911, and February 29, 1912 66,72, 

110, 122, 125, 130 



Acts 1912 
Biennial of 1912 — 

209 — Acts 1912, p. 56, Chap. 31.— An Act amending Act 1910, p. 
362, Chap. 253, Supplement 920, providing for instruction in 
agriculture, domestic arts and sciences, and manual training 
in public high schools 12, 32 

— ^Acts 1912, p. 58, Chap. 33. — An Act to require clerks of the 
Supreme Court of Appeals to mail to the law librarian of the 
University of Virginia copies of all printed briefs and records 
filed in said court 65 

—Acts 1912, pp. 237-273, inclusive. Chap. 137.— An Act to ap- 
propriate the public revenue for the two fiscal years ending 
respectively February 28, 1913, and 1914 66,72,91,110,125 

327— Acts 1912, p. 513, Chap. 226.— An Act to empower the State 
library board to exchange or sell duplicates in the Virginia 
State library 96 

— Acts 1912, p. 525, Chap. 237. — An Act to regulate the practice 
of medicine and surgery in Virginia, and to repeal all acts or 
parts of acts and any section of the Code in conflict therewith.... 32 

341— Acts 1912, p. 562, Chap. 258.— An Act to require the State 
Board of Education to ascertain and report the amount paid 
by patrons of public schools for adopted school books 27, 32, 35 

360— Acts 1912, p. 630, Chap. 314.— An Act to require cities and 
towns in the State, institutions of learning and eleemosynary, 
and other institutions to deposit two copies of each of their 
publications in the Virginia State library 95 

234 — Acts 1912, p. 653, Chap. 327.— An Act amending Act 1910, p. 
502, Chap. 324, authorizing boards of supervisors in their dis- 
cretion to contribute and expend annually out of the general 
countv lew a sum of money for the promotion of agriculture 
in said county. (Acts 1912, p. 563, Chap. 252, Wythe 
County) 55,137 



218 VIRGINIA LAWS CONCERNING EDUCATION 

PAGE 

363 — Acts 1912, p. 655, Chap. 329. — An Act to provide how persons 
who have been placed on the "retired teachers' list" (Acts 
1910, p. 127) may retire or be removed therefrom under certain 
circumstances and may cease to receive the pension provided for 
in the act providing a retirement fund for public school 
teachers 23, 24, 32, 34, 139 

357 — Acts 1912, p. 686, Chap. 348. — An Act numbered as § 613a of 
the Code, to construe and make plain how treasurers' commis- 
sions are to be paid under § 613 of the Code 194 

Acts 1914 

Biennial 1914 — 

— Acts 1914, p. 6, Chap. 4. — An Act to provide for the segrega- 
tion of tax upon money on deposit or otherwise, and to make 
it liable to taxation by the State alone and to fix the rate of 
such taxation 134 

399 — Acts 1914, p. 86, Chap. 61. — An Act to prevent the expenditure 
of money by the various institutions of the State by sending 
members of their boards, managers, superintendents, presi- 
dents, or other persons to the legislature for the purpose of 
obtaining appropriations for said institutions or for any other 
purpose 110 

399 — Acts 1914, p. 87, Chap. 62. — An Act to provide for an audit or 
examination of financial transactions of county or district of- 
ficers, boards or commissions, in each and every county of the 
State which alone constitutes a separate judicial circuit 190 

326 — Acts 1914, p. 138, Chap. 82. — An Act amending and reenacting 
an Act of 1908, p. 562, Chap. 316, as amended Supplement 1910, 
providing for the establishment of libraries in the public 
schools 34, 38, 44, 99, 196 

402 — Acts 1914, p. 141, Chap. 84. — An Act to admit children six 
years of age to the public free schools of the State under 
certain conditions 17, 22, 38 

402^ — Acts 1914, p. 144, Chap. 86. — An Act to provide for the en- 
couragement, maintenance and supervision of industrial, agri- 
cultural, household arts, and commercial education 12. 15, 32, 42 

331 — Acts 1914, p. 202, Chap. 122. — An Act amending Act 1910, p. 
243, Chap. 156, and enlarging the powers and duties of the 
State accountant so as to authorize counties and cities to have 
the use of his services for the examination of the accounts of 
county and city offices at the expense of counties and 
cities 15,62, 189 

415 — Acts 1914. p. 212, Chap. 132. — An Act to provide for instruction 

in the public schools for preventing accidents 15, 25, 35 

422 — Acts 1914, p. 255, Chap. 153. — An Act to provide for the use 

of district school houses out of school hours 42, 159 

424 — Acts 1914, p. 276, Chap. 170. — An Act to provide upon the con- 
veyance by the Virginia Home and Industrial School for Girls 
of its property, real and personal, located in the county of 
Chesterfield, to the State of Virginia, that the State will as- 
sume control, operation and management of the siid home in 
accordance with its charter, and to assume any indebtedness of 
the said home existing on the 1st day of March, 1914, not in 
excess ^f $1,500.00 ! 91 



ACTS OF GENERAL ASSEMBLY 219 

PAGE 

426 — Acts 1914, p. 278, Chap. 171. — An Act empowering the school 
boards of two adjacent districts to establish joint schools for 
the use of both districts, and to purchase, take, hold, lease, 
and convey school property for the joint use of the dis- 
tricts 9,46, 158 

433 — Acts 1914, p. 303, Chap. 194. — An Act for the creation and 
maintenance of a legislative reference bureau 

— Acts 1914, pp. 314-364, inclusive. Chap. 199. — An Act to ap- 
propriate the public revenue for the two fiscal years ending 
respectively February 28, 1915, and February 29, ^1916.... 13, 66, 

72,90, 110, 125, 188 

461 — Acts 1914, p. 567, Chap. 322. — An Act creating the Virginia 
Normal School Board; defining its powers and duties; and 
abolishing the boards of trustees of the State Female Normal 
School at Farmville, the State Normal and Industrial School for 
Women at Harrisonburg; the State Normal and Industrial 
School for Women at Fredericksburg, and the State Normal and 

Industrial School for Women at Radford, Virginia 34, 82, 86, 

160, 185, 196 

324— Acts 1914, p. 671, Chap. 339.— An Act (amending Chap. 301 
of Acts 1908) to regulate the employment of children in 
factories, etc 21 

— Acts 1914, p. 677, Chap. 342. — An Act to authorize the board 
of supervisors of the county of Albemarle to grant jaid to a 
woman's coordinate college of the University of Virginia.. ..150, 168 

— Acts 1914, p. 678, Chap. 343. — An Act to authorize the city 
council of Charlottesville to grant aid to a woman's coordinate 
college of the University of Virginia 150, 168 

494 — Acts 1914, p. 707, Chap. 352. — An Act limiting the compensa- 
tion treasurers and certain other officers may receive 196 

497 — Acts 1914, p. 710, Chap. 353. — An Act repealing the Acts es- 
tablishing the United Agricultural Board, and enacting certain 
provisions in lieu thereof, and making appropriations to the 
V. P. I. for demonstration work in the several counties, 
in cooperation with the V. P. I. and the U. S. department of 
agriculture, and providing for coordination of certain agri- 
cultural activities within the State of Virginia.. ..33, 69, 81, 120,185 

312— Acts 1914, p. 715, Chap. 359. — An Act amending §§ 4 and 8 
of Amended Act of 1908, p. 106, Chap. 83, authorizing school 
boards to borrow and the State Board of Education to lend to 
them moneys belonging to the literary fund.. ..34, 35, 45, 61, 164, 181 



Acts Extra Session 1915 

49 — Tax on sleeping, parlor, and dining car companies 131, 141 

106 — License tax on insurance companies 131,141 

110 — An Act relating to contracts for text books adopted for uso in 

the public free schools in the Commonwealth 26, 27, 32 

112 — Tax on rolling stock of corporations operating railroads bv 

steam 131, 133. 141 

113— Income Tax :....131. 141 

117 — License Tax on slot machines 131 



220 VIRGINIA LAWS CONCERNING EDUCATION 

PAGE 

119 — An Act to segregate for purposes of taxation, pursuant to sec- 
tion 169 of the Constitution of Virginia, the several kinds and 
classes of property, so as to specify and determine upon what 
subjects State taxes and upon what subjects local taxes may be 
levied, and to continue for the year 1915, and until otherwise 
provided by law, the present State school tax of ten cents on 
every $100.00 of the assessed value of real estate and tangible 

personal property, etc 131, 132(3), 133, 134, 13G, 137, 140, 141(2) 

124 — Tax on rolling stock of electric railway corporations 131, 140 

136 — An Act authorizing the boards of supervisors of counties and 
councils of cities and towns to adopt the classification of 
the several subjects of taxation as classified for purposes of 
taxation by the State, and, in their discretion, to impose dif- 
ferent rates upon one or more of such classes of property when 
levying taxes for their purposes 131 

137 — Amending and reenacting § 1507 of the Code (See Table II) 

131, 132(3), 133, 136, 137, 172 

138 — Road tax in incorporated towns 131 

139 — Merchant tax on railroad companies selling mineral or forest 

products, or other articles 131 

146 — x\n Act amending an act authorizing cities and towns to impose 
taxes for their purposes at the respective rates now authorized 
to each of them by law, plus an additional rate of 25c. on the 
$100,00 of assessed value of property subject to taxation, ex- 
cept property upon which a maximum rate for local purposes 
is fixed by a general law 131, 140 

147 — An Act amending and reenacting §§ 833 and 833a of the Code, 

( See Table II ) 131 

149 — A license tax on general auctioneers 131 

153 — License tax on industrial sick benefit companies and associa- 
tions 131, 141 

154 — An Act to create a State advisory board on taxation and county 

and city boards of review of assessments, etc 131 

160 — Tax on intangible personal property....l31, 133, 134, 136, 137, 141(3) 
197 — Tax on railway and canal corporations, express companies, re- 
frigerator, oil, stock, fruit, and other car loaning and car com- 
panies operating in this State, except sleeping car, dining car, 
drawing-room car and palace car companies; corporations 
operating steamboats, steamships, or other floating property for 
the transportation of passengers or freight, and on incorporated 
telegraph and telephone companies 38, 131, 132 (2) , 133 (2) , 140 

209— Tax on bank stock, etc 131, 134, 136, 137, 141 (2) , 172 

219 — An Act relating to assessment of taxes on persons and 

property 131 

232-268, inc. — Licenses for the privilege of doing business in the 

State in various lines 131, 135 



APPENDIX 



Public School Officials of Virginia 



STATE BOARD OF EDUCATION 



R. C. STEARNES 
Superintendent of Public Instruction and President of the Board 

Richmond 

H. C. STUART 

Governor of Virginia 

Richmond 

JNO. G. POLLARD 

Attorney-General of Virginia 
Richmond 

JAMES S. WILSON 

Professor of History, William and Mary College 

Williamsburg 

J. M. PAGE 

Professor of Mathematics, University of Virginia 
Charlottesville 

HENRY C. FORD 

Professor of Latin and History, Virginia Military Institute 

Lexington 

HARRIS HART 

Superintendent of the Roanoke City Schools 

Roanoke 

FRANK T. WEST 

Superintendent of Louisa County Schools 
Trevilians 

E. R. CHESTERMAN 

Secretary to the Board 

Richmond 

State School Inspectors 

A. LUCIUS LINCOLN 

JOHN B. TERRELL 

E. E. WORRELL 

J. H. BINFORD 

A. D. WRIGHT 

JOSEPH W. EVERETT 
Editor Virginia Journal of Education 



224 



VIRGINIA LAWS CONCERNING EDUCATION 



DIVISION SUPERINTENDENTS OF SCHOOLS 



Division 



Accomac 

Albemarle 

Alexandria city ..- 
Alexandria county 

Alleghany 

Amelia 

Amherst 

Appomattox 

Augusta 

Bath 

Bedford 

Bland 

Botetourt 

Bristol 

Brunswick 

Buchanan 

Buckingham 

Buena Vista 

Campbell 

Caroline 

Carroll 

Charles City 

Charlotte 

Charlottesville .... 

Chesterfield 

Clarke 

Craig 

Culpeper 

Cumberland 

Danville 

Dickenson 

Dinwiddle 

Elizabeth City 

Essex 

Fairfax 

Fauquier 

Floyd 

Fluvanna 

Franklin 

Frederick 

Fredericksburg .... 

Giles 

Gloucester 

Goochland 

Grayson 

Greene 

Greensville 

Halifax 

Hanover 

Henrico 



Superintendent 



G. G. Joynes 

H. M. McManaway 

W. H. Sweeney 

W. T. Hodges 

J. G. Jeter 

C. B. Bowry 

C. L. Scott 

N. R. Featherston 

F. M. Somerville 

Bruce Rice Richardson 

C. M. Abbot 

Frank L. Dunn 

Carv Breckenridge 

F. B. Fitzpatrick 

R. Lee Chambliss 

Wm. L. Ownbey 

John A. Twvman 

J. P. McCluer 

W. L. Garbee 

John Washington 

E. M. Cooley 

Alvin C. Cooper 

S. P. Daniel 

James G. Johnson 

Philip M. Tyler 

C. G. Massev 

W. O. Martin 

James M. Beckham 

C. W^. Dickinson, Jr 

F. H. Wheatley 

I. E. French 

Eugene C. Powell 

John M. Willis 

W. G. Rennolds 

M. D. Hall 

E. Albert Smith 

Isaac L. Epperly 

Thos. H. Shepherd 

W. D. Rucker 

M. M. Linch 

E. F. Birckhead 

R. H. Farrier 

R. A. Folkes 

C. W. Dickinson, Jr 

G. F. Carr 

Jos. N. Miller 

Henrv Maclin 

H. j'. Watkins 

John H. Wickham 

J. D. Harris 



POSTOFFICE 



Onancock 

Charlottesville 

Alexandria 

Rosslyn 

Covington 

Burkeville 

Amherst 

Vera 

Staunton, R. F. D. 6 

Hot Springs 

Bellevue 

Bland 

Fincastle 

Bristol 

Rawlings 

Grundv 

Wingina, R. F. D. 

Buena Vista 

Lawyers 

Mi If or d 

Wood lawn 

Williamsburg 

Drakes Branch 

Charlottesville 

Chester 

White Post 

Newcastle 

Culpeper 

Cartersville 

Danville 

Clintwood 

McKenney 

Hampton 

Centercross 

Burke 

Warrenton 

Floyd 

Wilmington 

Rocky Mount 

Winchester 

Fredericksburg 

Newport 

Gloucester 

Cartersville 

Galax 

Haywood 

North Emporia 

South Boston 

Boaver Dam 

Richmond 



PUBLIC SCHOOL OFFICIALS OF VIRGINIA 



225 



Division 



Henry 

Highland 

Isle of Wight 

James City 

King and Queen.. 

King George 

King William 

Lancaster 

Lee 

Loudoun 

Louisa 

Lunenburg 

Lynchburg 

Madison 

Mathews 

Mecklenburg 

Middlesex 

Montgomery 

Nansemond 

Nelson 

New Kent 

Newport News.... 

Norfolk city 

Norfolk county.... 

Nottoway 

Northampton 

Northumberland 

Orange 

Page 

Patrick 

Petersburg 

Pittsylvania 

Portsmouth 

Powhatan 

Prince Edward.... 

Prince George 

Princess Anne 

Prince William.... 

Pulaski 

Radford 

Rappahannock .... 
Richmond city .... 
Richmond county 

Roanoke city 

Roanoke county .. 
Rockbridge 



Rockingham . 

Russell 

Scott 

Shenandoah . 

Smyth 

Southampton 



SUPERI N TEN DEN T 



W. B. Gates 

Bruce Rice Richardson. 

Gavin Rawls 

Alvin C. Cooper 

W. G. Rennolds 

D. F. Coakley 

H. Ragland Eubank 

Frank W. Lewis 

J. C. Boatright 

W. G. Edmonson 

Frank T. West 

I. T. Wilkinson 

Edward C. Glass 

Jos. N. Miller 

E. C. Percifull 

F. C. Bedinger 

E. C. Percifull 

John H. Stephens 

J. B. L. DeJarnette 

Henry T. Harris 

Alvin C. Cooper 

WMllis A. Jenkins 

R. A. Dobie 

A. H. Foreman 

C. B. Bowry 

E. G. Tankard 

Frank W. Lewis 

Chas. P. Cowherd 

John H. Booton 

J. F. Reynolds 

F. M. Martin 

Fletcher B. Watson 

H. A. Hunt 

J. W. Reynolds 

P. Tulane Atkinson 

W. W. Edwards 

0. B. Mears 

G. G. Tyler 

E. L. Darst 

J. P. Whitt 

John H. Booton 

J. A. C. Chandler 

Blake T. Newton 

Harris Hart 

R. E. Cook 

E. K. Paxton 



Geo. H. Hulvev 

H. W. Fugate..^ 

W. D. Smith 

C. V. Shoemaker... 
B. E. Copenhaver. 
G. L. H. Johnson... 



POSTOFFICE 



Martinsville 

Hot Springs 

Carrsville 

Williamsburg 

Centercross 

Ferrell 

Etna Mills 

Morattico 

Jonesville 

Purcellville 

Trevilians 

Kenbridge 

Lynchburg 

Haywood 

Nesting 

Boydton 

Nesting 

Christiansburg 

Driver 

Lovingston 

Williamsburg 

Newport News 

Norfolk 

Norfolk 

Burkeville 

Nassawadox 

Morattico 

Gordonsville 

Luray 

Meadows of Dan 

Petersburg 

Chatham 

Portsmouth 

Powhatan 

Hampden-Sidney 

Waver ly 

Norfolk, R. F. D. 2 

Havmarket 

Dublin 

East Radford 

Luray 

Richmond 

Hague 

Roanoke 

Salem 

Buena Vista, 

R. F. D. 2 
Harrisonburg 
Fugates Hfill 
Gate City 
Woodstock 
Marion 
Franklin 



15 



226 



VIRGINIA LAWS CONCERNING EDUCATION 



Division 


Superintendent 


POSTOFFICE 


Spotsylvania 


James Ashby 


Falmouth 


StaflFord 


James Ashby 


Falmouth 


Staunton 


John P. Neff 

L. N. Savedge 


Staunton 


Surrv 


Alliance 


Sussex - 


W. W. Edwards 


Waverly 
Tazewell 


Tazewell 


W. A. Thompson 


Warren 


Thornton V. Leach 

A. J. Renforth 


Front Roval 


Warwick 


Grafton 


Washington 


W. J. Edmondson 


Lodi 


Westmoreland 


Blake T. Newton 


Hague 

Williamsburg 

Winchester 


Williamsburff 


H. E. Bennett 


Winchester 


M. M. Lvnch 


Wise 


J. N. Hillman 


Coeburn 


Wythe 


Geo. R. Huffard 


Wytheville 


York 


A. J. Renforth 


Grafton 









REGULATIONS OF THE STATE BOARD OF EDUCATION 227 



REGULATIONS OF THE STATE BOAED OF EDUCATION 

The State Board of Education "shall have authority to make all 
needful rules and regulations for the management and conduct of 
the schools, which, when published and distributed, shall have the 
force and effect of law, subject to the authority of the General 
Assemblv to revise, amend, or repeal the same." Const., § 132(3). 
See also' Code, § 1433(4). 

The ^^Regulations" referred to and quoted in this Appendix 
are the Regulations of the State Board of Education as num- 
bered and published for distribution in the volume entitled 
"Virginia School Laws" (pp. 156-204, inc.) issued by the 
Department of Public Instruction in I^ovember, 1915. 

INTERPRETATION AND ENJORCEMENT OF SCHOOL LAWS 

AND REGULATIONS 

As chief executive of the public free school system, it is the 
duty of the superintendent of public instruction to determine 
the true intent and meaning of the school laws and regulations 
and take care that they are faithfully executed, to explain to 
division superintendents and other school officers the several 
duties enjoined upon them respectively and to give such infor- 
mation as he may deem conducive to the due execution of said 
duties and to the proper organization and government of the 
public free schools. Regulation 1(1) (2) (3). 

"It is the duty of all school officials to acquaint themselves 
with the school laws and resrulations and to see that thev are 
carried into execution, and they are urged to tolerate nothing 
that might tend to impair the public school system or in any 
way interfere with the efficiency of the schools." Regulation 
106. 

It is the duty especially of division superintendents to 
explain and give information about the school system, to take 
care that all schools laws and regulations are strictly enforced, 
and see that the decisions of the superintendent of public 
instruction and the State Board of Education upon contro- 
versies relating thereto are complied with by the persons con- 
cerned. In all cases where such decisions are not complied 
with, it is the duty of division superintendents to so inform 
the superintendent of public instruction, stating the circum- 
stances in connection therewith. Resrulations 79, 80. 



228 VIRGINIA LAWS CONCERNING EDUCATION 

It is the further duty of every superintendent to visit and 
inspect the schools in his division at least once during each 
session, and twice if the whole number of schools does not 
exceed seventy-five, or report in writing to the superintendent 
of public instruction a reasonable excuse for not doing so. 
He must inquire into all matters relating to the management 
of the schools, the course of study and mode of instruction 
therein, their text books and discipline, the condition of the 
school houses, sites, outbuildings and appendages, and, in 
general, into whatever concerns the usefulness and perfection 
of the public free schools under his supervision; examine the 
records and official papers of the school district, and teachers in 
relation to their duties, and call especial attention to any neglect 
or violations of any laws or regulations pertaining thereto ; 
and, when necessary, take lawful measures to abate nuisances. 
Regulation 87. 

It is the duty of the superintendent of public instruction to 
make tours of inspection among the public free schools through- 
out the State as often as consistent with his other official engage- 
ments, and, at his discretion, appoint persons to visit or examine 
all or any part of the public free schools in their respective 
counties of residence, and report to him touching all such mat- 
ters as he may indicate respecting their condition and manage- 
ment and the means of improving them. 'No compensation may 
be made for such services. It is also his duty to keep on file 
in his office, open to inspection by all persons concerned, copies 
of his decisions and those of the State Board of Education, and 
to preserve in convenient arrangement all documents, books or 
pamphlets on educational subjects, school books, apparatus, 
charts, etc., furnished gratuitously for public use or purchased 
for use of his office, and to provide a suitable seal for the 
authentication of official documents. Regulation 1(5) (7) (8) 

It is the duty of teachers to visit and establish cordial rela- 
tions with patrons of the school and enlist their cooperation in 
every effort to improve school conditions ; to exert themselves 
to establish school libraries and to form local education associa- 
tions and school improvement leagues. District trustees should 
aid teachers in maintaining discipline and in all movements 
intended to improve the schools and 'promote education, and the 
superintendent of public instruction and the division superin- 
tendents must endeavor by all proper means to promote an 
appreciation of and desire for education among the people. 
Regulations 1(1), 88, 108, 132. 



REGULATIONS OF THE STATE BOARD OF EDUCATION 229 



ORGANIZATION, INSPECTION, CLASSIFICATION, AND 

REGISTRATION OF SCHOOLS, COLLEGES, AND 

UNIVERSITIES 

'^The public free school system of Virginia under the control 
of the State Board of Education shall consist of common schools 
and high schools." Regulation 110. 

"No institution in Virginia shall be registered as a university, 
college, normal school, junior college, or high school for the issuance 
of certificates to graduates of such school until it has been inspected 
by a representative of the State Board of Education and the board 
has acted favorably upon the report of its representative." Regula- 
tion 21. 

"Any institution which, after being registered by the State Board 
of Education, fails to comply with the regulations of the board, 
shall be removed from the list of registered institutions." Regulation 
21. 

"Such State inspectors of schools as may be necessary shall be 
appointed by the board, upon nomination of the Supei'intendent of 
Public Instruction, and shall serve at the pleasure of the board or 
the Superintendent. They shall perform such duties as the Super- 
intendent may prescribe, and their compensation shall be fixed by 
the board." Regulation 68. 

Number of Pupils Required to Form a Public Free School 

^^An enrollment of at least twenty pupils, with reasonable 
assurance of an average daily attendance of that number, is 
required to constitute a pitblic free school, and no public school 
may be established or continued until this condition is complied 
with," except under the following conditions : 

1. When a board of district school trustees is satisfied that 
there are not enough children in a school neighborhood to entitle 
them to a school under the restrictions of the foregoing para- 
graph, and that the geographical difficulties are such that no 
judicious arrangement of schools can be made to furnish the 
minorities proper school facilities, such board may certify a 
statement of the case, mth a diagram of the section, to the 
division superintendent. It then becomes the duty of the 
superintendent to forthwith visit the section in question, and if 
he finds the statements made are correct, and that no proper 
arrangement can be made to overcome the difiiculties presented, 
he may authorize the board of trustees to reduce to fifteen the 
average attendance required of such school. 



230 VIRGINIA LAWS CONCERNING EDUCATION 

2. In cases where the average attendance is reduced by a 
factious spirit on the part of one or a few people, or in conse- 
quence of the proper or necessary exercise of discipline, preva- 
lence of contagious diseases, or lack of proper supply of text 
books, schools may, in the discretion of the school trustees, be 
continued ; provided that all such cases are reported to the 
division superintendent and approved by him in writing. 

3. In special cases the superintendent of public instruction, 
in his discretion, may, on the recommendation of the division 
superintendent, order such a school opened where an average 
of ten can be maintained. 



Regulation 123. 



Consolidation of Schools 



It is the duty of district school boards to cooperate with 
division superintendents in preventing the establishment and 
maintenance of small, ungraded rural schools, unless such 
schools are absolutely necessary. Whenever it can be done, 
several small schools should be combined into one good graded 
school, with two or more teachers and a longer term. Regula- 
tion 109. 

Standard of Requirements for High Schools 

^^Three distinct courses are prescribed for the three classes of 
high schools : the third grade school with a two-year course ; 
the second grade school with a three-year course, and the first 
grade school with a four-year course. 

'^The requirements outlined for the primary and grammar 
schools must be fully completed before any student is admitted 
to the high school. 

^'The amount of work to be accomplished by each grade of 
school is expressed in units and the value of each subject is 
likewise indicated in units. A unit means a recitation period 
of forty minutes, five times a week, for thirty-six weeks, devoted 
to the completion of an assigned amount of subject matter/' 

Regulation 114. 

The five-hour units hereafter mentioned are the units defined 
in the regulations regarding admission to the University of 
Virginia. Regulation 62. 

"A unit represents a year's study in any subject in a secondary 
school, constituting approximately a quarter of a full year's work." 
U. Va. Record, New Series, Vol. 1^ No. 4, February 1, 1015, p. 81. 



REGULATIONS OF THE STATE BOARD OF EDUCATION 231 

Third Grade High Schools — 

Third grade high schools must require not less than eight 
nor more than ten units for the completion of the course offered, 
distributed as follows : English, 2 ; Mathematics, 2 ; History, 
1 ; Science, 1 ; Electives, 2. 

Such schools may be conducted only where an enrollment of 
not less than fifteen pupils can be maintained in the high school 
department of a school which employs the entire time of at 
least three teachers ; the full time of at least one of them given 
to teaching high school subjects, the time of the other two to 
instruction in the elementary grades, and a minimum of one 
period of forty minutes three times a week given by the princi- 
pal to observation and supervision. 

Regulation 115. 

Second Grade High Schools — 

Second grade high schools must require not less than twelve 
nor more than fourteen units for the completion of the course 
offered, distributed as follows : English, 3 ; Mathematics, 2 ; 
History, 2 ; Science, 2 ; Electives, 3. 

Such schools may be conducted only where an enrollment of 
not less than twenty-five pupils can be maintained in the high 
school department of a school which employs the full time of at 
least one teacher, in addition to the principal, in teaching high 
school subjects, and in which at least two teachers give their 
entire time to instruction in the elementary grades, and a mini- 
mum of one period of forty minutes a day is given by the 
principal to observation and supervision. Where the number 
of pupils in the elementary grades exceeds seventy, one ad-; 
ditional teacher must be provided for each thirty-five additional 
pupils. 

Regulation 116. 

"While the thirty-six weeks' term is urged for both the second and 
third grade high school, nevertheless, where the conditions seem to 
demand it, the term may, witli the consent of the Department of 
Public Instruction, be reduced to thirty-two weeks. In such cases, 
however, eight grades should be provided below the high school." 

"In case of reduction either of the weeks in the term or of the 
minutes in the recitation, the value of the work as expressed in 
units shall be reduced p)'0 rata." 

Regulation 114. 

First Grade High Schools — 

First grade high schools must require not less tlian sixteen 
nor more than eighteen units for graduation, distributed as 



232 VIRGINIA LAWS CONCERNING EDUCATION 

follows : English, 4 ; Mathematics, 3 ; History, 2 ; Science, 2 ; 
Electives, 5 ; with recitation periods forty minutes in length 
during terms of thirty-six weeks each. 

Such schools may be conducted only where an enrollment of 
thirty-five pupils can be maintained in the high school depart- 
ment of a school in which the full time of at least two teachers, 
in addition to the principal, is given to teaching high school 
subjects ; in which at least three additional teachers give their 
entire time to instruction in the elementary grades, and a mini- 
mum of two periods (80 minutes) each day is given by the 
principal to observation and supervision. Where the number 
enrolled in the elementary grades exceeds 100, one additional 
teacher must be provided for each thirty-five additional pupils. 

Regulation 117. 

"No reduction in the length of the term or of the recitation period 
may be made in the high school department of a first grade high 
school, but, where conditions seem to demand it, the elementary 
grades of the high school may be reduced to thirty-two weeks, 
provided eight instead of seven shall be provided in the elementary 
department of the high school." Regulation 114. 

In all three classes of high schools there must be kept in 
permanent form a standard system of records of the work of 
each pupil. 

When the texts selected for use in science are those indicated 
in the list of high school text-books as requiring laboratory, 
ample laboratory equipment and instruction must be provided. 

All teachers in the high school department must hold certifi- 
cates authorizing them to teach the high school subjects or 
grades assigned to them. 

Teachers holding Second and Third Grade Certificates, and 
teachers without experience holding High School Certificates 
must not be allowed to teach in the elemental^ departments of 
first and second grade high schools. 

Regulations 115, 116, 117. 

No exception to, or modification of, the above requirements will 
be allowed, except in those schools where financial and educational 
conditions are so unusual as in the opinion of the Department of 
Public Instruction to warrant the making of special provisions for 
them. In each case, however, any and all exceptions to the require- 
ments must be approved in advance bv said Department. Regulation 
117. ' 



REGULATIONS OF THE STATE BOARD OF EDUCATION 233 

Minimum Requirements for a First Grade Normal Training High School — 

The minimum requirements for a iirst grade normal training 
high school are as follows : English, 4 units ; Mathematics, 3 
units; History, 2 units; Science, 2 units; ISTormal Training 
work, 3 units ; Electives, 3 units. 

The Normal Training work may be introduced into only such 
first grade high schools as employ the entire time of two teachers 
in high school wt>rk, in addition to a special normal training 
teacher whose training and salary are approved by the Depart- 
ment of Public Instruction, and where a class of not less than 
eight pupils is enrolled for the training course. 

The equipment of the school must include a reference library, 
costing not less than $50.00, and adequate maps, globes, and 
apparatus, all approved by the Department of Public Instruc- 
tion. 

The pupils in the third and fourth year high school classes 
shall be admitted to the normal training classes, according to 
the prescribed course of study. 

Regulation 118. 

Classification of Academic Institutions Above the Grade of High 

School 

Only three grades of academic institutions above the grade of 
high school are recognized in Virginia, viz. : the junior college, 
the college, and the university. Regulation QQ. 

Junior College — 

^^An institution to be registered as a junior college must pre- 
sent satisfactory evidence that it is doing at least the freshman 
and sophomore work of a standard college. The junior college 
may confer a diploma of graduation, but may not confer any 
titled degree." Regulation 66. 

College — 

^'An institution to be registered as a college must have at 
least six professors giving their full time to college work, a 
course of four full years in liberal arts and sciences, and must 
require for admission the completion of the curriculum of a 
standard high school with a four years' course, or, in other 
terms, the completion of a course equivalent to at least four- 
teen five-hour units, in addition to the usual pre-academic or 
grammar school studies." Regulation 61. 



234 VIRGINIA LAWS CONCERNING EDUCATION 

University — 

The State Board of Education "will register as a university 
an institution (a) which requires for admission the completion 
of the curriculum of a standard high school with a four years' 
course, or, in other terms, the completion of a course equivalent 
to not less than fourteen five-hour units ; (b) which contains 
as a part of its organization a college of literature and science, 
as defined above; (c) which contains one or more professional 
schools, as parts of its organization, in each of which an ade- 
quate professional course, based upon a preparation not less 
than that represented by the completion of a standard four-year 
high school course is offered; (d) which contains a graduate- 
school, as a part of its organization, in which adequate courses 
leading to the degree of master of arts and doctor of philosophy 
are offered.'' Regulation 60. 

Conditioned Students — 

No college or university may admit a student under twenty 
years of age to partial standing as a conditioned or irregular 
student unless he can offer at least ten five-hour units, as defined 
on p. 230 ; and a student so admitted must absolve the units on 
which he is conditioned within tAvo years of the date of his 
registration. 'No work counted toward the removal of entrance 
conditions can also be counted for a degree. Regulation 63. 

Special Students — 

A student at least twenty years of age may be admitted as a 
special student, not a candidate for a degree, to a university or 
college, without satisfying in full the requirements for entrance 
to a college or university, either as a regular or a conditioned 
student, as set forth above ; provided he is not admitted to 
classes requiring entrance examinations without passing such 
examinations, and that he gives proof of adequate preparation 
for the course sought. Regulation 64. 

Advanced Standing — 

Advanced standing may be granted by a registered college for 
work done at a secondary school only upon written examination 
by the college on the work in question, held before the student 
is admitted to such advanced class. A candidate may, however, 
be admitted to the advanced class tentatively if such examina- 
tion is held within four weeks after his provisional entrance; 



REGULATIONS OF THE STATE BOARD OF EDUCATION 235 

but if he fails on the examination, he must at once take up in 
the regular college class the work for which credit was re- 
quested. Regulation 65. 

High Schools Receiving State Aid 

Subject to general supervision and confirmation by the State 
Board of Education, the privileges of a high school receiving 
State aid must be offered upon a fair and equitable basis by the 
district in which located to all other districts in the county 
which share jointly in its support. Regulation 113. 

Night Schools and Evening Classes 

N^ight or evening schools or classes may be established and 
conducted by district schools boards upon such terms and con- 
ditions as the division superintendent may approve. 

Pupils in such schools and classes must submit to the regula- 
tions of the schools and the authority of the teachers in like 
manner as other pupils. 

Regulations 126(b), 127. 

Courses of Study for the Common and High Schools 

In addition to the courses of study prescribed by the General 
Assembly, manners must be taught, and local school boards may 
provide for the introduction of music, nature study, manual 
training, and elementary agriculture. A graded course of 
study, as uniform as practicable and embracing all the required 
common school branches, should be adopted for all the schools 
in each division. 

In the high schools the studies in the prescribed course must 
be taught. 

Regulations 111, 112. 

School Age 

In cases where their admission will not cause the exclusion of 
any child between the ages of seven and twenty, or be detri- 
mental to the schools or any of their pupils, persons between 
twenty and twenty-five years of age may be admitted by the 
district boards to the public schools upon such terms and con- 
ditions as the division superintendent may approve, subject in 
like manner as other pupils to the regulations of the schools 
and the authoritv of the teachers. Regulations 126(a), 127. 



236 VIRGINIA LAWS CONCERNING EDUCATION 

Distribution of Pupils by Districts 

Unless forbidden by Act of Assembly, pupils may in all cases 
be admitted by the proper authorities into the high or graded 
schools of more than one teacher without reference to the 
dividing line of districts or counties. In this and all other 
cases where pupils attend, in accordance with State Board 
regulations, schools outside of their own districts, the rate of 
tuition to be charged by the district receiving the pupils to the 
district in which they belong must be a matter of previous 
agreement between the school boards of the two districts con- 
cerned. Regulation 124. 

^'Whenever a school is so situated in one district that it may 
be advantageous for children of an adjoining district in another 
county to attend it, with the approval of the superintendent of 
the division in which the school is located, the board of the 
district from which such children attend shall, in the absence of 
agreement or when no agreement can be reached, pay to the 
district in which the school is located, for each of such children 
attending said school, the cost of education per pupil enrolled, 
as determined by the division superintendent; provided that 
any person interested, or either of the district boards concerned, 
may appeal to the superintendent of public instruction, either 
as to the attendance of such pupils or the cost of education as 
aforesaid. Regulation 125. 

CERTIFICATION OF TEACHERS FOR THE PUBLIC FREE 
SCHOOLS OF VIRGINIA 

"1^0 teacher may legally be elected or paid by any school 
board in this State unless his application is accompanied by a 
statement from the division superintendent of the county or 
city in which he desires to teach that the said teacher holds a 
Virginia certificate in full force and effect, duly endorsed by 
the division superintendent.^' Regulation 18. 

^'District boards shall not enter into a contract with any per- 
son to teach a public school until said person presents a certifi- 
cate of as high grade as the school for which he applies." 
Regulation 96. 

NOTICE TO TEACHERS! 

"Applicants for certificates are particularly notified that the terms 
upon which any certificate is to be renewed will be the terms stated in 



REGULATIOXS OF THE STATE BOAKD OF EDUCATION 237 

the latest regulations and published literature of the State Board of 
Education at the time the certificate is presented for renewal, provided 
that every teacher will be allowed opportunity to adjust himself to any 
new terms or conditions and will be credited with work done under 
previous conditions as justice and equity may require.'' Regulation 59. 

The above notice is quoted from the edition of ^^Virginia 
School Laws" issued by the Department of Public Instruction 
in November, 1915. 

All statements respecting the certification of teachers given 
in the following pages are taken or quoted from the Regulations 
of the State Board of Education as published in said volume, 
which, as of I^ovember 1, 1915, is the latest authority on the 
subject. The State Board of Education has the power, how- 
ever, to make, publish, and enforce other regTilations at any 
time, and teachers are, therefore, cautioned to remember the 
above notice and keep themselves informed of all changes at 
any time made in school regulations. 

General Provisions Applicable to All Certificates 

Xo certificate in Virginia issued since April 1, 1912, is valid 
unless issued by the Department of Public Instruction. Regu- 
lation 14. 

Every certificate must bear on its face the term for which, 
and the basis upon which, it is issued, and must state the grade 
and character of school in which the holder is entitled to teach. 
Regulation 16. 

To be valid in a particular county or city, a certificate must 
be endorsed by the division superintendent thereof. He may 
for sufficient reason refuse to endorse it, but his action in every 
such case must be promptly reported to the superintendent of 
public instruction, with the reasons therefor. Every certificate 
is liable to revocation by the division superintendent for cause, 
subject to appeal within sixty days to the superintendent of 
public instruction. Regulations 17, 19, 20. 

Any certificate on which an alteration or erasure appears 
must be taken up by the division superintendent and forwarded 
to the Department of Public Instruction. Regulation 56. 

Every applicant for a school must send his certificate for 
endorsement to the division superintendent, whose duty it is to 
endorse it and return it promptly with a statement showing that 
it is or will be valid in his division for the vear in which the 



238 VIRGINIA LAWS CONCERNING EDUCATION 

applicant desires to teach. The certificate is then retained by 
the applicant and the statement of the division superintendent 
forwarded to the clerk of the school board to be retained among 
his official papers as evidence of authority to elect and contract 
with the applicant. Any superintendent who knowingly per- 
mits a person to teach in his division without a valid certificate 
duly endorsed as aforesaid is subject to a fine of $25.00, to be 
imposed by the State Board of Education and deducted from 
his salary. Regulation 18. 

Every division superintendent must keep a register of appli- 
cants for certificates to teach in his division in such form as 
the superintendent of public instruction may prescribe. Regu- 
lation 13. 

Certificates to Graduates or Students of Registered Schools and 

Colleges 

Applications for certificates to graduates or students of 
registered schools and colleges must come, in all cases, through 
the principal or president of the school, except that in the case 
of a registered high school the application must come through 
the division superintendent. Suitable blanks will be furnished 
to these officers by the Department of Public Instruction. 
Regulation 15. 

Certificates Issued on Examinations 

A State Board of Examiners must be appointed, upon nomi- 
nation of the superintendent of public instruction, by the State 
Board of Education, to serve at its pleasure, for the compensa- 
tion fixed by it. The duties of said examiners are fixed by the 
superintendent of public instruction, the chief of them being to 
prepare under his direction questions for examinations of 
applicants for certificates to teach and to pass finally upon the 
answer papers of such applicants. Regulation 2. 

Two uniform examinations are held each year in the various 
school divisions for the benefit of applicants for positions as 
teachers in the public free schools of the State — one in April 
and the other in July, when there must likewise be offered 
examinations on the Reading Course for the extension of certifi- 
cates and on high school and special subjects. Examinations 
are also held annually in July at the State Summer [N'ormal 
Schools. Regulation 3(1) (2) (3) (4). 



REGULATIONS OF THE STATE BOARD OF EDUCATION 239 

Examinations held in the various school divisions must be 
given under the supervision of the division superintendents; 
those at the summer schools under the conductors thereof. All 
examinations must be conducted under such regulations and 
held on such dates as the sui>erintendent of public instruction 
may prescribe, due notice of the dates to be given by him. 
Division superintendents are required to give at least 30 days' 
advance notice of the time fixed for examinations to be held in 
their respective divisions. Regulation 3(5) (6) (7). 

Examination questions must be sent under seal to the division 
superintendents by the Department of Public Instruction. 
Regulation 4. 

'No applicant under eighteen years of age may be permitted 
to take the examinations, and applicants for first grade certifi- 
cates must be nineteen years of age. Regulation 6. 

The subjects embraced in uniform examinations are as fol- 
lows: First day: geography, spelling, grammar and composi- 
tion, theory and practice of teaching, civil government, and 
reading. Second day: drawing, physiology and hygiene, 
arithmetic, history of Virginia, and United States history. 
Third day : elementary algebra, science, and English or general 
history. Writing will be graded from examination paper Form 
E, Ko. 2. Regulation 5. 

All certificates issued on examinations must be based on 
questions prepared and papers graded by the State Board of 
Examiners, as the superintendent of public instruction may 
direct, and those issued on the uniform examination must state 
the branches upon which the holders have been examined. 
Regulations 14, 16. 

It is important that applicants notify the division superin- 
tendent at least two weeks in advance of examination. Regula- 
tion 7. 

See pp. 160-163 and 205, 206, ''Virginia School Laws," for 
further details. 



240 VIRGINIA LAWS COXCERNING EDUCATION 



A COMPLETE LIST OF CERTIFICATES ISSUED FOR TEACHERS 
IN THE PUBLIC FREE SCHOOLS OF VIRGINIA 

DIVISION I 

Certificates Entitling' the Holders to Teach Only in the Elementary 

Schools 

Group A. Certificates Based on Work Completed in Accredited Schools 
and Colleges — 

A-1. First Grade High School Certificate, granted to a 
graduate of any Virginia high school having the four-year 
course of study (16 units), prescribed and approved by the 
State Board of Education for an accredited first grade high 
school. 

This certificate is also granted : (a) to a graduate of any 
Virginia private preparatory school which has a course fully 
equivalent to the course required for an accredited first grade 
high school, and which has been duly inspected and accredited 
by the State Board of Education ; (b) to a student who com- 
pletes at least one year of standard college work (15 hours) in 
a registered college or a junior college in Virginia. 

Regulation 42. 

A-2. Second Grade High School Certificate, granted to a 
graduate of a Virginia high school having only a three-year 
course of study (12 units), prescribed and approved by the 
State Board of Education for an accredited second grade high 
school. Regulation 43. 

A-3. High School Training Certificate, granted to a student 
completing the course of study prescribed for a normal training 
high school, which in every case requires four units in English, 
three in mathematics, two in history, tw^o in science, three 
electives, and three in normal training. Regulation 38. 

A-4. Junior State Normal Certificate, gTanted to a student 
completing one (junior) year of professional work in a regis- 
tered State normal school — not less than twenty hours per week 
during the 3^ear — when the course is based upon a standard 
four-year high school course, which must in every case repre- 
sent not less than sixteen units of work. Regulation 35. 

A-5. Normal Industrial Certificate, granted to the holder 
of a diploma from a registered normal school which requires at 



REGULATIONS OF THE STATE BOARD OE EDUCATION 241 

least two years of combined professional and industrial work — 
not less than twenty hours per w^eek during each year — based 
upon the standard two-year high school course, which must in 
every case represent not less than eight units of work. Regula- 
tion 36. 

A-6. Professional First Grade Certificate, granted to the 
holder of a Virginia first grade certificate issued under the 
provisions of ^o. C-1 since July 1, 1906, who completes the 
prescribed course in the normal training department of a first 
grade Virginia high school, or one year of professional work in 
a registered Virginia normal school. RegTilation 10. 

The Old Professional Certip.cate, issued upon the professional 
course of study prescribed by the State Board of Education in 1905 
and revised in 1907. may be renewed as a Professional First Grade 
Certificate, under the general provisions for the renewal of certifi- 
cates, given on p. 252. Regulation 52. 

The Elementary Professional Certificate, formerly granted upon 
completion of one year of professional work in a registered State 
normal school based upon a standard three-year higli school course, 
has been discontinued, but the holder may have it renewed as a 
Professional First Grade Certificate under the general provisions for 
the renewal of certificates, given on p. 252. Regulation 37. 

. A-7. Elementary Certificates, granted to the graduates of 
such colored secondary schools as have completed, in addition 
to the seven grades of elementary work outlined in the State 
requirements, two years of high school work of eight units. 

The course offered must include the following subjects: (1) 
English: grammar, composition and literature; (2) mathe- 
matics : elementary algebra to quadratics, review of arithmetic ; 
(3) American history and civics; (4) hygiene and .sanitation ; 
(5) school management and methods; (6) industrial work, 
which must occupy not less than 80 minutes a day throughout 
the hi^'h school course and count for one unit in each year's 
work. RegTilation 46. 

The holder of this certificate is qualified to begin work for the 
Industrial Second Grade Certificate (Xo. B-2) after one term of 
successful teaching experience in the public schools of Virginia. 

Group B. Summer School Certificates — 

The following general provisions apply to all work done for 
Summer School Certificates : 

(a) The courses must be taken at a summer school condiicted 
at a registered college or normal school in Virginia, or, in the 



16 



242 VIRGINIA LAWS CONCERNING EDUCATION 

case of work for Summer School Professional Certificates, in 
out-of-State schools whose professional courses have been ap- 
proved and registered by the State Board of Education. 

(b) Five months' actual teaching experience is a condition 
precedent to entering upon the work prescribed for said certifi- 
cate. 

(c) The certificates which entitle their holders to enter 
upon the courses of study prescribed for summer school certifi- 
cates must be filed with, and approved by, the conductor of the 
summer school before the applicant may be registered and 
admitted to classes. Such certificates may be revived or ex- 
tended for one year from time to time, provided the holder 
completes successfully that portion of the professional work 
prescribed for the year during which the extension is applied 
for, but no certificate Avhich has expired may be revived for 
more than one year upon the basis of completing any one year 
of professional work. Regulations 39-41. 

(d) Applicants must make at least Y5% on class standing 
and examination on the subjects required for the certificate, 
and the work must cover at least three terms of four weeks each, 
or two terms of six weeks each, occupying a minimum of 300 
recitation periods of at least forty minutes each, provided that 
courses of college grade must occupy a minimum of 180 recita- 
tion periods of at least sixty minutes each. Regulations 39, 41, 
45. 

B-1. Sum7ne7' School Professional Certificates, granted in 
Primary, Grammar and Advanced Grades, upon completion of 
the following prescribed courses, within a period of five years 
from the date of beginning if taken in summer terms of four 
weeks each, and in four years if taken in summer tenns of six 
weeks each. Regulation 39. 

The work required for the Advanced Grade is open only to 
holders of Virginia First Grade Certificates (I^o. C-1) or of 
Virginia First Grade High School Certificates (N'o. A-1), but 
the work required for the Primary and Grammar Grades is 
open also to holders of Special First Grade Certificates (^o. 
C-2). RegTilation 39, and footnote p. 169 '^Virginia School 
Laws." 



The courses which must be completed to secure the Summer 
*hool ] 
follows : 



School Professional Certificates in these several grades are as 



REGULATIOIN^S OF THE STATE BOARD OF EDUCATION 243 

Primary Grade: Principles of teaching, with special empha- 
sis on how to study, hygiene, drawing, primary industrial work, 
music and games ; primary methods in reading, language, arith- 
metic, nature study and geography, observation work and prac- 
tice teaching. Regulation 39(a). 

Grammar Grade: Principles of teaching, including how to 
study, hygiene, drawing, manual training or domestic economy 
or elementary agriculture and school gardening; methods of 
teaching language, reading, literature, arithmetic, civics, his- 
tory, and geography; advanced observation work and practice 
teaching. Regulation 39(b). 

Advanced Grade: The following courses of college grade: 
Two required courses — English and education; four elective 
courses — to be chosen from any of the following branches: 
Agriculture, biology, field botany, chemistry, domestic economy, 
drawing, French, geography, German, history, hygiene and 
sanitation, Latin, literature, library methods, manual training, 
mathematics, music, philosophy, physics, and psychology. 
Regulation 39(c). 

B-2. Industrial First Grade Certificate, granted to holder 
of a Virginia First Grade Certificate (ISTo. C-1), First Grade 
High School Certificate (^o. A-1), or Special First Grade 
Certificate (^o. C-2), who enters upon and completes, within 
^YQ years from date of beginning, the following course upon the 
conditions set forth in sub-sees, a, b, c, d ; pp. 241-2. 

The course must embrace: arithmetic (primary and gram- 
mar grades), American history, civics (with special reference 
to community life), English composition (including spelling, 
penmanship, punctuation, and grammar), geography (primary 
and grammar grades), hygiene, principles of teaching (with 
special emphasis on how to study), methods in teaching arith- 
metic, reading and language, agriculture and any three of the 
following: bench work, cobbling, cooking, poultry raising, sew- 
ing and household handicrafts, including glazing, mending 
tinware, whitewashing, and chair mending. Regulation 41. 

B-3. Industrial Second Grade Certificate, granted to the 
holder of a Second Grade or Elementary (colored) Certificate 
who has completed the same course, within the same period, 
and upon the same conditions required by the Industrial First 
Grade Certificate, the only difference being that in this case the 



244 VIEGINIA LAWS CONCEENII^G EDUCATION 

course is open to the holder of a Second Grade or Elementary 
(colored) Certificate, which may be extended for one year 
from time to time, provided the holder has completed success- 
fully at least one-fourth of the required reading course during 
the year that the extension is applied for. (See p. 253 for 
Heading Course). Regulation 45. 

This certificate is regarded as being of intermediate rank between 
the First and Second Grade Certificates (Nos. C-1 and C-3). Regu- 
lation 58. 

Group C. Elementary Certificates Granted TJpon Results of 
Examination — 

First, Second, and Third Grade Certificates may be secured 
under examinations, the grade being determined by the per- 
centage made on the required subjects. 

Division of Examinations 

"An applicant may take part of the examination for a Eirst, 
Second, or Third Grade Certificate in the spring and the 
remainder in the summer, provided he attends a summer school 
or institute for at least twenty days in the meantime." Regaila- 
tion 55(a). 

The privilege of dividing the examination for a Eirst, 
Second, or Third Grade Certificate is also granted to an appli- 
cant who completes in a satisfactory manner 100 recitation 
periods of at least forty minutes each, in the prescribed subjects, 
during the spring course of a normal training high school or 
during the regular term of a registered normal school ; pro- 
vided the course is approved by the Department of Public 
Instruction. The first part of the divided course may be taken 
at either the spring or summer examination next succeeding 
the spring course in the normal training high school or State 
normal. If taken at the spring examination it may be com- 
pleted at the summer examination, or at the following spring 
or summer examination, without attendance upon a summer 
school or institute. Regulation 55(d). 

Only two examinations may be combined for a Second or 
Third Grade Certificate, but when a teacher, by a combination 
of two examinations, has made an average of 85% on the 12 
subjects required for a Second Grade Certificate, and has not 
fallen below T0% on any subject, he may combine these grades 
with a third examination on the three added subjects required 



KEGULATIOXS OF THE STATE BOARD OF EDUCATION 245 

for a First Grade Certificate, i. e. : elementary algebra, either 
physical geography or agriculture, and either general or English 
history; iDrovided that one of the examinations is taken at a 
summer normal after an attendance of twenty days thereon^ 
and that the third examination is taken within fifteen months 
of the second. Regulation 55(e). 

C-1. First Grade Certificate, granted to applicants not less 
than nineteen years of age, who have had nine months' success- 
ful experience in teaching, and make an average of at least 
85% on the following subjects: Spelling, reading, writing, 
arithmetic, elementary algebra to quadratics, grammar (includ- 
ing composition), geography, history of the United States and 
of Virginia, civil government (including the government of 
Virginia), drawing, theory and practice of teaching, physiology 
and hygiene, one branch of science (either physical geography 
or elementary agriculture), and one division of history (either 
general or English), and who do not fall below 70% on any 
subject. Regulation 44. 

An applicant who makes the First G-rade average on the required 
subjects, but who has not had the requisite experience, will be issued 
a Second Grade Certificate, which may be changed to a First Grade 
Certificate after nine months of successful teaching. Regulation 44. 

A First Grade Certificate issued by a division superintendent of 
schools, which has finally expired, may be exchanged for a new first 
grade certificate, provided the holder passes the examination on the 
additional subjects now required to secure it, i. e., elementary algebra 
to quadratics, general or English history, and either physical 
geography or elementary agriculture. Regulation 44. 

A First Grade Certificate and a First Class High School Certifi- 
cate are of equal rank. Regulation 58. 

C-2. Special First Grade Certificate, issued in 1908 to every 
Virginia teacher who had held a First Grade Certificate for 
six years immediately prior to 1907, and who presented to the 
State Board of Examiners satisfactory evidence of successful 
experience in the public schools of Virginia for that period, 
accompanied by a recommendation from the superintendent of 
schools of the division in which he last taught. RegTilation 
53(a). 

This service certificate was issued to lessen any friction or shock 
occasioned by the transition in 1905 from a county to a State 
system of certification. 

C-3. Second Grade Certificate, issued to applicants not less 
than eighteen years of age, who make an average of not less 



246 VIRGINIA LAWS CONCERNING EDUCATION 

than 75% on business forms and the subjects required for a 
first grade certificate, except algebra, science, and general or 
English history, and who do not fall below 70% on any subject. 
Regulation 47. 

C-4. Third G^^ade CeHificate, issued to applicants not less 
than eighteen years of age, who make an average of not less than 
60% on the subjects required for a second grade certificate, 
except drawing and the theory and practice of teaching, and 
who do not fall below 45% on any subject. Regulation 48. 

No teacher holding a third grade certificate may be elected or 
chosen in any case if a teacher holding any certificate higher than 
third grade is available. Regulation 25. 

C-5. Provisional Certificates, issued on division of exami- 
nations upon the following conditions : 

(a) Provisional First Grade Certificates, granted to appli- 
cants availing themselves of the privilege of a division of 
examinations, who take, first, one-half or more of the required 
subjects for a First Grade Certificate at the summer examina- 
tion immediately at the close of the summer school or institute 
where they have been in attendance for at least twenty consecu- 
tive days (100 recitation periods of at least 40 minutes each), 
and who attain not less than 85% on each of seven of the sub- 
jects required for a First Grade Certificate, including arithme- 
tic and grammar — all other requisites being fulfilled. 

(b) Provisional Second Grade Certificates, granted to appli- 
cants who, under the same conditions controlling in the case of 
a Provisional First Grade Certificate, attain not less than 75% 
on each of six of the subjects required for a First Grade Certifi- 
cate, including arithmetic and grammar. 

An examination so begun must be completed at the next 
spring or summer examination, when the results of both 
examinations will be combined and an appropriate certificate, 
bearing the date of the provisional certificate, issued under the 
general rules and regulations pertaining to certificates. Only 
two examinations may be combined, and in every case they 
must be taken within fifteen months of each other — the first one 
at a summer school, as above provided. Regulation 55. 



REGULATIONS OF THE STATE BOARD OF EDUCATION 247 



DIVISION II 

Certificates Entitling" Holder to Teach All the Elementary Branches, 
But Only the High School Branches Named in the Certificate 

Group D. Certificates Based on Work Done in Accredited School or 
College — 

D-1. Certificate on Partial Completion of College Course, 
granted to a student of any accredited university or college 
without further examination in any branch in which he holds a 
diploma or certificate from such college or university granted 
for the completion of at least two years of work of college grade. 
Regulation 50(b). 

Group E. Summer School Certificates Recognized in High School Work — 

E-1. Summer School Professional Certificate — C oil e g e 
Grade — granted upon the completion of the course prescribed 
in any of the following branches, to the holder of a Virginia 
First Grade Certificate giving satisfactory evidence of having 
completed the equivalent of a standard four-year high school 
course, or of a Virginia First Grade High School Certificate. 
Before any applicant can be registered and admitted to classes 
his certificate and other credentials must be presented and 
approved by the conductor of the summer school. 

The courses prescribed in any of the branches hereinafter 
stated for this certificate must embrace no work unless it be of 
college grade, requiring minimum hours or recitation periods 
of sixty minutes each ; they must be taken in a summer school 
at a registered college or university, and must be completed 
within a period of three years from the date of beginning, and 
in all cases a statement from each professor under whom the 
course is pursued, to the effect that the applicant is highly 
proficient in his branch, must accompany the final report. 

This course may not be given at any school in Virginia unless 
specially mentioned and advertised in its literature, and no 
supposedly equal course at any other than a designated summer 
school will be recognized or accepted by the Department of 
Public Instruction. 

The following ^^Content Table" gives the number of hours 
or recitation periods required in each branch, and, in addition 
thereto, the applicant must complete a course of thirty hours in 
educational psychology and the principles of teaching: 



24-8 VIRGINIA LAWS CONCERXIXG EDUCATIOX 

Content Table: Agriculture, 00 hours; Botany, 60 hours; 
Chemistry, 150 hours, of which 60 hours must be laboratory 
work; Drawing, 90 hours; English, 120 hours, including 30 
hours in English Grammar, 30 hours in Rhetoric and Compo- 
sition, and 60 hours in English and American Literature ; 
Domestic Science, 90 hours; French, 90 hours; German, 90 
hours ; History, 120 hours, including 60 hours in General 
History, 30 hours in English History, and 30 hours in Ameri- 
can History and Civics ; Latin, 90 hours, including a review of 
Csesar, Cicero, and Virgil ; Manual Training, 90 hours ; 
Mathematics, 120 hours, including Algebra, Plane and Solid 
Geometry, and Plane Trigonometry ; Music, 90 hours ; Phys- 
ics, 150 hours, of which 60 must be laboratory work; Physical 
Geography, 60 hours ; Zoology, 60 hours. 

Regulation 50(d). 

Group F. Certificates Granted Upon Results of Examination — 

F-l. Special Certificate on State Examination, granted to 
an applicant who passes a successful examination, making an 
average grade of not less than 80% on one or more high school 
subjects, entitling the holder to teach all the elementary school 
branches, hut only the high school hranches named in the certifi- 
cate. Regulation 50(c). 

These examinations are prepared by the Department of 
Public Instruction, and requests by applicants for the April 
examination must be sent to the Department not later than 
March 15th, and for the July examination not later than June 
15th, of the year in which held, stating the subjects they intend 
to take and the county or city to which the questions should be 
sent. Similar notice should be given the superintendent of the 
division in which the examination is to be taken. An applicant 
may take as many subjects as he desires. 

These subjects will be given in each regular State examina- 
tion as follows : 

First day: English (grammar, rhetoric and composition. 
English and American literature), French (grammar and 
translation), German (grammar and translation) ; 

Second day: Mathematics (algebra, plane and solid geome- 
try), science (physical geography, botany, agriculture, zoology, 
physics and chemistry) ; 

Third day: History (ancient, mediaeval and modern, Eng- 
lish and American, and civics), Latin (grammar and compo- 
sition, translations of Caesar, Cicero, and Virgil). 



KEGULATIONS OF THE STATE BOARD OF EDUCATION 249 

The separate subjects mentioned (except science) must be 
taken in their entirety. 

An average of 80% on the whole, with a minimum of 70.% 
on any subdivision of each high school branch, is required, 
except in the case of science, in which a special certificate may 
be issued on each subdivision, provided the grade be 80%. 
Kegulation 50(c). 

Group G. Special Certificates — 

G-1. Special Service Certificate, issued to teachers who for 
at least three years prior to July 1, 1913, had successfully 
taught any high school branch while holding any of the follow- 
ing certificates: Junior State I^ormal (A-4), High School 
Training (A-3), Summer School Professional (B-1), Profes- 
sional First Grade (A-6), Industrial First Grade (B-2), High 
School (A-1), or First Grade (C-1). It is restricted to the 
branches actually and successfully taught as named in the 
certificate. Regulation 53(b). 

This system of certificates was established in 1012-1913 as a 
further step toward bringing the high schools of the State under a 
regular system of certification. 



DIVISION III 

Certificates Entitling Holder to Teach Both High and Elementary 

School Branches 

Group H. Certificates Based on Work Completed in Accredited Schools 
and Colleges — 

H-1. Professional University Certificate, granted to the 
holder of a degree from a graduate school of a registered uni- 
versity based upon a curriculum which requires at least ten 
per cent of professional work for such degree. Kegulation 26. 

H-2. Professional Collegiate Certificate, granted to the 
holder of a baccalaureate degree from a registered college based 
on a curriculum which requires at least ten per cent of profes- 
sional work for such degree. Regulation 27. 

H-3. University Certificate, granted to the holder of a 
deirree from a graduate school of a registered university. Regu- 
lation 30. 



250 VIRGINIA LAWS CONCEEIS'ING EDUCATIOX 

II-4. Collegiate Certificate, granted to the holder of a bac- 
calaureate degree from a registered college or university. 
Regulation 31. 

Recognition of Universities and Colleges in Other States — 

•'a. A degree from a university located outside of Virginia, 
which is a member of the Association of American Universities, or 
of the Xational Association of State UniA'ersities, shall be accepted 
as a basis upon which a university or collegiate certificate may be 
issued. 

''b. A university or collegiate degree of a college outside of 
Virginia, which is accepted by a member of the Association of 
American Universities as a basis for graduate work to the same 
extent as the degree of the same name granted by the said member 
of said Association, shall be accepted as a basis upon which a uni- 
versity or collegiate certificate may be issued; provided a record of 
the work completed is furnished the Department of Public Instruc- 
tion by the president or registrar of the institution from which the 
applicant is graduated." 

Regulation 22. 

Recognition of work done prior to Registration of Institution — 

Any applicant for a teacher's certificate, who graduated from a 
registered college or a junior college prior to the registration of 
that institution, must be required to submit from the president of 
the college, the course completed, which, if found equivalent in 
grade and content to the present course, will be accepted as the 
basis on which a certificate may be granted. 

Graduates from higher institutions of Virginia, or other States, 
who apply for certificates to teach, may receive credit for any col- 
lege or normal work done since 1890. The Department of Public 
Instruction is authorized to accept for credit such courses as, since 
this date, meet the requirements laid down in the regulations govern- 
ing certificates. 

Recognition of Foreign Institutions — 

Graduates of foreign institutions applying for Virginia Certificate 
Credits must be allowed proper credit in the discretion of the super- 
intendent of public instruction after an investigation of the standing 
of their schools. 

Regulation 67. 

H-5. Junior College Certificate, granted to the graduate of 
a rea'istered institution in Yir2:inia which does not comply 
fully with the definition of a college, hut which offers an 
ap]~)roved four-year course, embracing at least the freshman aiid 
s()])homore work of a standard college, and having as required 
subjects not less than one year's work of college grade in Eng- 
lish, history, mathematics, and science. Regulation 34. 

.1 Junior College Certificate may also be granted to an under- 
graduate in a registered college in Virginia who has completed two 
full years or more of college work, which must include at least one 
year of standard college work in English, history, mathematics, and 
science. 



REGULATIONS OF THE STATE BOARD OF EDUCATION 251 

H-6. State Military Institute Certificate, granted to the 
graduate of a registered State militaiy institute. Regulation 32. 

H-T. State Polytechnic Institute Certificate, granted to the 
graduate of a registered State polytechnic institute. Regula- 
tion 33. 

H-8. State Normal School Certificate, granted to the holder 
of a diploma from a registered State normal school which 
requires at least two years of professional work — not less than 
twenty hours per week during each year — based upon the 
standard four-year high school course, Avhich must in every case 
represent not less than sixteen units of work. Regulation 28. 

II-9. City Normal School Certificate, granted to the holder 
of a diploma from a registered city normal school which 
requires at least two years of professional work — not less than 
tw^enty hours per week during each year — based upon a stand- 
ard four-year high school course, which must in every case 
represent not less than sixteen units of work. Regulation 29. 

Group I. Certificates Granted Upon Results of Examination — 

I-l. Life Diplomas were issued on rigid and comprehensive 
State examinations under the provisions of Regulation 29, p. 
84 of the School Laws of 1901. These Life Diplomas are still 
in force and effect, and teachers holding them are authorized to 
teach in both high and elementary schools. Regulation 54. 

Group J. Special Certificates — 

J-1. Special Certificates for Teachers of Special Branches 
are granted to holders of First Grade (C-1) or High School 
(A-1) Certificates engaged to teach special subjects, such as 
kindergarten, nature study, or commercial branches. 

The foregoing provisions also apply to a teacher of music, 
drawing, manual training, or domestic science, except that such 
teacher is not required to hold a First Grade or High School 
Certificate as a prerequisite to a Special Certificate. 

Xo teacher may be granted this special certificate unless his 
training is shown to have been adequate for the duties he is 
expected to perform. 

Special Certificates covering the various subjects taught in 
city night schools may be issued under the provisions of the 
foregoing paragraph. 



252 VIRGINIA LAWS CONCERNING EDUCATION 

A further exception is made in the case of an applicant for 
a Special Certificate to teach commercial branches, who may be 
permitted to take the regular State examination on arithmetic, 
grammar, and civil government, and to offer grades of not less 
than 85% on each of these subjects in lieu of presenting a 
First Grade or High School Certificate. Kegulation 49. 

Certificates Issued by Other States — 

See Division III, Group H, for ^'Recognition of Universities 
and Colleges in Other States." 

A State certificate — that is, a certificate issued by a State 
Board of Examiners or by a State superintendent — from a 
sister State may be recognized as a proper basis upon which to 
grant a Virginia certificate, provided the applicant furnishes 
the Department of Public Instruction with official information 
as to moral character, educational training, experience, and the 
basis upon which the out-of-State certificate was issued. 

A certificate issued hy a county or city superintendent in 
other States will not he recognized. Regulation 23. 

EXTENSION OR RENEWAL OF CERTIFICATES 

A certificate may be extended or renewed only by the Depart- 
ment of Public Instruction. Except under unusual or special 
circumstances no application for extension or renewal will be 
considered by the Department prior to April 1st or subsequent 
to September 15th of the year in which the certificate expires. 
All applications for the renewal or extension of certificates must 
be sent through the divison superintendent of schools upon 
blanks furnished him for the purpose. Regulation 15. 

Unless otherwise specifically stated, certificates will be 
granted only upon the following conditions : 

^'1. The holder must furnish evidence that he has been a 
successful teacher. 

"2. He must make a Avritten statement on the back of his 
certificate to the effect that he has read five books of the State 
Reading Course (giving the names of the books) during the 
life of the certificate to be renewed, or since its date of issue. 
These books may be chosen from any of those mentioned in the 
State Reading Course, whether adopted for the current year or 
not. 



EEGULATIOXS OF THE STATE BOARD OF EDUCATION 253 

"3. In addition to the foregoing, he must either attend an 
approved summer school or institute for at least twenty consecu- 
tive days during the life of the certificate, or within sixty day^ 
after it expires, and must diligently pursue the course of study 
(taking not less than three classes) prescribed by the conductor 
of such school ; or he must pass a successful examination on at 
least two of the books of the Heading Course, unless the History 
of Education is chosen, in which event no second book will be 
required." 

'No attendance upon a summer school Avhich is used and 
counted in earning or completing a certificate may be offered 
for the renewal of said certificate. 

Regulation 51. 

Examination on the Reading Course for the extension of 
certificates must be given on the last day of both the April and 
July examinations. Regulation 3(3). 

The Reading Course is intended for all teachers holdino- certifi- 
cates. It is designed to give information and cultivate a profes- 
sional spirit among teachers. The course for each session is pub- 
lished prior to the school year, and the examination thereon is held 
on the last day of the regular examination. It embraces questions 
only on the History of Education and the books adopted for the 
school year immediately preceding the date of the examination. 
Regulations 24, 51(4). 

"It is the duty of teachers to improve themselves in the art of 
teaching by studying approved books on the subjects they are to 
teach, by attending summer normal schools, teachers' meetings, and 
reading circles, and by making themselves thoroughly acquainted 
with some of the best books on pedagogy, school management, and 
the history of education, and also by reading educational periodicals 
and pursuing such a course of general reading as will best tend to 
increase their knowledge and usefulness as teachers." Regulation 
132. 



RENEWAL PERIODS OF TEACHERS' CERTIFICATES 

DlVISIO^r I 
Group A, Certificates — 

A-4. Junior State Normal, 

A-5. Normal Industrial, and 

A-6. Professional First G^^ade Certificates continue in 
force for seven years, and may be reneAved for a similar period 
from time to time. Regulations 35, 36, 40, 51. 



254 VIRGINIA LAWS CONCERNING EDUCATION 

A-3. High School Training Certificates continue in force for 
three years, at the end of which time, upon a satisfactory State 
examination, in History of Education and one book of the State 
Reading Course, together with satisfactory evidence that the 
holder has been a successful teacher, the certificate will be 
extended for four years, and thereafter may be renewed for a 
period of seven years from time to time, under the general 
provisions on p. 252. Regulations 38, 51. 

A-1. First Grade High School Certificates continue in force 
for two years, a^id are not reneiuahle, but may be extended from 
year to year, provided the holder pursues successfully one of 
the courses outlined for Summer School Professional Certifi- 
cates, or Industrial First Grade Certificates, and completes that 
portion of the professional work prescribed for the year during 
which the extension is applied for. Regulations 42, 51. 

A-2. Second Grade High School Certificates continue in 
force for one year and may not be renewed or extended or used 
as the basis of professional work at summer schools. Regula- 
tions 43, 51. 

A-7. Elementary Certificates continue in force for one year 
and may be renewed for a similar period from time to time 
under the general provisions stated above. Regulations 46, 51. 

Group B. Certificates — 

B-1. Summer School Professional Certificates in Primary, 
Grammar, and Advanced Grades, and 

B-2. Industrial First Grade Certificates continue in force 
for seven years and may be renewed for a similar period from 
time to time. 

Regulations 39, 41, 51. 

B-3. Industrial Second Grade Certificates continue in force 
for four years and may be renewed for a similar period from 
time to time. Regulations 45, 51. 

Group C. Certificates — 

C-1. First Grade Certificates continue in force for five 
years and may be renewed for a similar period from time to 
time upon satisfactory evidence that the holder has taught suc- 
cessfully for at least three of the five years in Virginia, and 
that the other general provisions for renewal have been complied 
with. Regulations 44, 51. 



REGULATIONS OF THE STATE BOARD OF EDUCATIOX 255 

C-2. Special First Grade Certificates were continued in 
force for Ayq years, with right of renewal for a similar period 
from time to time. Resriilations 53, 51. 

C-3. Second Grade Certificates continue in force for two 
Tears, and may be renewed just once for a similar period. 
Regulations 47, 51. 

C-4. Third Grade Certificates continue in force for one 
year, and may not be renewed. Regulations 48, 51. 

C-5. Provisional Certificates, First and Second Grade, con- 
tinue in force for one year only and are not subject to renewal. 
Regulations 55, 51. 

DIVISIOX II 

G-roup D. Certificates — 

D-1. Certificates on Partial Completion of College Course 
continue in force for five years and may be renewed for a 
similar period from time to time. Regulations 50, 51. 

Group E. Certificates — 

E-1. Summer School Professional Certificates, College 
Ch^ade, continue in force for seven years and may be renewed 
from time to time for a similar period. Regulations 50(d), 51. 

Group F. Certificates — 

F-1. Special Certificates on State Examination continue in 
force for five years and may be renewed for a similar period 
from time to time. Regulations 50(c), 51. 

Group G. Certificates — 

G-1. Special Service Certificates continue in force for five 
years and may be renew^ed for a similar period from time to 
time. Regulations 53(b), 51. 

DIVISION III 

Group H. Certificates — 

H-1. Professional University, 

II-2. Professional Collegiate, 

H-8. State Normal School, and 

H-9. City Normal School Certificates continue in force for 
ten years and may be renewed for a similar period from time 
to time. Regulations 26, 27, 28, 29, 51. 



256 YIEGIXIA LAWS COXCERXIXG EDUCATIOX 

H-3. University, 

H-4. Collegiate, 

H-6. State Military Institute, and 

H-7. State Polytechnic Institute Certificates continue in 
force seven years and may be renewed for a similar period 
from time to time. Regulations 30, 31, 32, 33, 51. 

H-5. Junior College Certificates continue in force five 
years and may be renewed for a similar period from time to 
time. Regulations 34, 51. 

Group I. Certificates — 

I-l. Life Diploma. Regulations 54, 51. 

Group J. Certificates — 

J-1. Special Certificates for Teachers of Special Branches 
continue in force for five years and may be renewed for a 
similar period from time to time. Regulations 49, 51. 



TEACHERS 

Teachers' Contracts — 

The terms of the written contracts required by law between 
district school boards and the teachers they elect must be pre- 
scribed at a regular or called meeting of the board, and, unless 
the board designates some other member, must be executed by 
the clerk on its behalf. 

These contracts must specify, among other things, the time 
of opening and closing the daily school session and the inter- 
mission to be given. 

Boards of district school trustees must, immediately upon 
contracting with a teacher, report the fact in writing to the 
division superintendent, giving, in the form prescribed by the 
superintendent of public instruction, the teacher's nam-e and 
post-office address, the number of the school he is to teach, and 
the amount of the salary agreed to be paid. 

Failure to enter into written contract, in the form prescribed 
by the superintendent of public instruction, with any teacher 
employed in the district subjects the members of the district 
school board to a fine of not less than $5.00 nor more than 
$50.00 for each offense. Regulations 95, 96, 97, 98, 100. 

Pay of Teachers — 

The salary agreed upon and named in the contract between 
the district school board and a teacher, if confirmed bv the 



REGULATIONS OF THE STATE BOARD OF EDUCATION 257 

division superintendent, may not without his consent be 
increased or diminished during the year. 

Except for such days as are declared holidays by district 
school boards, deduction may, in the discretion of the local 
school boards, be made from the pay of teachers for every day 
they lose. 

In cases where a public school is closed for a sufficient cause 
before the expiration of the period for which it was required 
by contract to continue, the district school board has authority, 
with the written approval of the division superintendent, to 
pay as much of the teacher's salary as may be due for the 
time the school was taught. 

Warants for the last month's pay of each teacher must be 
withheld until his register, properly written up, shall have been 
returned to the district clerk. Eegulations 98, 101, 104, 130. 

Teachers' Authority — 

In addition to the duties and authority given by the General 
Assembly, teachers are required to demand of pupils punctu- 
ality and diligence, and, subject to such regulations as the 
district board may prescribe, they are empowered, in the 
enforcement of discipline, to inflict reasonable penalties. It 
is the duty of trustees to aid teachers in maintaining discipline. 
Eegulations 108, 131. 

Teachers' Character — 

Due notice and an opportunity to be heard must be given by 
district school boards to any teacher or principal against whom 
charges involving character are made. Regulation 129. 

Teachers' Meetings — 

Teachers should exert themselves to form local education 
associations and school improvement leagues, and should visit 
and establish cordial relations with the patrons of the schools 
and enlist their cooperation in every effort to improve school 
conditions. It is the duty of school superintendents to promote 
the improvement and efficiency of teachers by all suitable and 
proper means and to labor in every practical way to elevate the 
standard of teaching in the public schools and improve their 
condition. To this end it is their duty to encourage and assist 
in the organization of county institutes and to preside over them 
and aid with their management. At least one county institute 
must be held during each school session. Regulations 88, 131. 



17 



258 VIRGINIA LAWS CONCERNING EDUCATION 

Election of Teachers by Patrons — 

^^AMiile the district board has full authority to employ 
teachers, the board may elect to submit the question of a teacher 
to the patrons of a school, in which case the proceedings shall 
be governed by the following regulations : 

"First : The board shall call a meeting of the patrons by 
due proclamation and by posting a notice of the time and place 
of meeting, at least ten days before it is to be held, on the front 
door of the school house and at three of the most prominent and 
convenient places in the district. At this meeting the chair- 
man, or some other member of the board, shall preside, if 
present ; if no member of the board be present, the meeting 
shall elect a chairman and also a secretary. 

"Second : The clerk of the district board shall provide the 
meeting with a list of patrons of the school, which list shall 
embrace the names of all those who pledge themselves to send 
their children to said school for the current school year. 

"Third : The secretary of the meeting shall ascertain 
whether a majority of the children are represented. Tf they 
are, the chairman shall declare the meeting organized and ready 
to proceed with the election of a teacher for the school. 

"Fourth : The election shall be by ballot unless otherwise 
determined by the meeting. 

"Fifth: 1^0 teacher shall be eligible to be voted for unless 
he presents to the meeting a certificate of qualification issued 
to him according to law and in full force at the time of such 
meeting. 

"Sixth : Before voting for a teacher, the patrons must pledge 
themselves to support the one selected by the meeting. 

"Seventh: Immediately upon the adjournment of the meet- 
ing the secretary thereof shall report the proceedings to the 
chairman of the district board, who, if a teacher has been 
elected, shall cause a contract to be immediately given him by 
said board. 

"Eighth : In case a majority of the children were not 
represented at the meeting, the board may either call another 
meeting or declare its determination to elect a teacher regardless 
of the action of the patrons ; but if a majority of the children 
were represented at the meeting, then the board must be gov- 
erned by its action." 

Regulation 99. 



REGULATIONS OF THE STATE BOAKD OF EDUCATIOX 259 

Assignment of Teachers — 

Division superintendents in cities have exclusive authority to 
assign to their respective positions all teachers and principals 
employed by the school board, and to reassign them at their 
discretion, provided no change or reassignment affects the 
salary of any teacher. 

Regulation 92. 

Who may not Teach — 

In addition to the restrictions in the employment of teachers 
fixed by the Code, §§ 1466(2) and 1538(3), the State Board 
of Education provides that no division superintendent of 
schools (except of city schools as provided on p. 36), no district 
school trustee, county treasurer, or deputy treasurer may teach 
a public school. Regulation 128. 

TEXT BOOKS 

The text books and all maps, charts, and other appliances 
used in the common and high schools of the State must be 
selected from the list and in accordance with the regulations 
prescribed by the State Board of Education, and no child may 
be allov^ed to remain in school unless provided with such text 
books. In order that pupils may be informed as to such books 
and their prices, division superintendents are required to see 
that there is furnished to each teacher, before the schools are 
opened, to be kept in the school room, a copy of the list of the 
prescribed text books and of the regulations concerning them. 
Regulations 119, 120, 121. See also 78. 

HEALTH REGULATIONS 

Medical Inspection of Schools 

The school boards of the cities and towns may, in their dis- 
cretion, select and appoint medical inspectors of school children, 
who must report to and be under their control, and whose duties 
and compensation are fixed by said boards. 

Regulation 133. 

Rules and Regulations of the State Board of Health Governing 

the Public Schools 

"Rule 11. Every building used for school purposes, public 
or private, shall comply with the State law regarding the 



260 VIRGINIA LAWS CONCERNING EDUCATION 

amount of cubic space per pupil and amount of fresh air to be 
supplied. (Chapter 56-V, Acts 1908.) 

"The air in any school room at all times shall be kept in a 
wholesome condition, and exercises shall be suspended as often 
as necessary in order to renew the air in any room, the ventila- 
tion of which is defective. 

"Rule 12. 1^0 school room shall be swept except after all 
school exercises have been concluded for the day. 

"The floor of no school room shall be swept without first 
havinjo- been sprinkled with water or covered with damp sawdust 
or damp paper. 

"All sweepings shall be removed daily from the school room. 

"The furniture and woodwork of every school building shall 
be wiped down with an approved disinfectant solution at least 
once each month, and shall be wiped with a damp cloth at least 
once each week. 

"Rule 13. Every room used fOr school purj^oses, public or 
private, shall be furnished at all times, when in use, with an 
adequate supply of drinking water of good sanitary quality. 
This shall be running water wherever same is available. If 
running water is not available a tank or cooler shall be supplied, 
furnished with a spigot ; or a dipper shall be supplied, which 
shall be used only for dipping the water from such tank or 
cooler. 

"Tn addition to the dipper there shall be furnished a cup or 
glass to be used only for drinking, and which shall not be used 
for dipping water from the tank or bucket, or any other purpose. 
The contents of every receptacle for drinking water must be 
renewed fresh every morning, and every receptacle, dipper, cup, 
or glass shall be well washed every morning and scalded with 
boiling water at least once each week. 

"Rule 14. Every building used for public school purposes 
shall be furnished with two closets, one for males and one for 
females, separated as far as possible from each other, and so 
arranged to give the greatest possible privacy to persons using 
same. 

"Buildimrs to which water and sewerage are available shall be 
provided with water closets and connected with the sewerage 
system. Where water and sewerage are not available, buildings 
shall be provided with dry closets, built and maintained in 



REGULATIONS OF THE STATE BOABD OF EDUCATION 2t)l 

accordance with the standard given in these regulations on dry 
closets. Such closets shall be at all times maintained in a clean 
and sanitary condition. 

'^Whereas many public schools in Virginia are not provided 
with proper sanitary conveniences, and whereas such conditions 
are dangerous to the health of pupils and to the public health — 

^'Therefore, be it ordered by the State Board of Health, That 
from and after September 1, 1912, no buildings shall be used 
for public school purposes in Virginia unless same shall be 
provided with two sanitary privies and maintained in accord- 
ance w^ith regulations of this board. 

'^Be it further ordered, That officers and agents of the State 
Health Department are ordered to proceed with enforcement 
of this law in any case of violation of its provisions observed 
after September 1, 1912." 

Condemnation of TJnhealthful School Houses 

It is the duty of division superintendents to condemn as unfit 
to be longer used any school houses the occupancy of which, for 
any reason, is likely to endanger the health of the pupils. Regu- 
lation 87. 

SCHOOL EXERCISES 

The Daily Session must be not shorter than five hours, 
including the necessary time for appropriate opening exercises. 

The time of opening and closing must be prescribed by the 
district board of trustees, subject to approval by the division 
superintendent, except that where an intermission of 30 
minutes or more is given, no school may open later than 9 
o'clock A. M. Regulation 100. 



■^te' 



The School Month must consist of four weeks of five school 
days each. Regulation 122. 

The School Holidays must be' the same throughout a county, 
and for each succeeding school year must be designated and 
declared by the district boards, and approved by the county 
school board at its annual August meeting. 

Upon the opening of the schools the division superintendent 
must notify teachers of the days so fixed. Except upon those 
days they may not, unless compelled to do so by unavoidable 



262 VIRGINIA LAWS CONCERNING EDUCATION 

circumstances, without the consent of the district board, close 
their schools on regular school days during the tenn for which 
engaged to teach, nor, without such consent, engage substitutes. 
Regulations 104, 132. 

Patrons' Day. — Division superintendents must require the 
principal of every school to have a patrons' day on the school 
premises during the school term, the expenses, unless otherwise 
provided for, to be defrayed out of the district school funds by 
order of the district school board. It is the duty of teachers, 
in conjunction with the superintendent and district trustees, 
to arrange suitable public exercises, to which all patrons and 
friends of the school must be invited, and to take advantage of 
the opportunity to give patrons full information of the con- 
ditions and needs of the schools. Regulations 89, 132. 



REPORTS 

Teachers' Reports — 

Teachers must make monthly and term reports to the superin- 
tendent of their division, and such special reports as he may 
from time to time require of them. Regulation 132. 

District School Boards — 

The division superintendent must require clerks of district 
school boards annually, or oftener if necessary, to make such 
detailed reports as he may prescribe of the statistics touching 
the public free schools of their respective districts. Regulation 
84. 

Ft is the further duty of the division superintendent to 
inspect from time to time during the year the record and 
account books of district school clerks to see that they are neatly 
and correctly kept, that all school funds are properly applied, 
and that the money set apart exclusively for the pay of teachers 
is not used for any other purpose. Regulation 73. 

County Treasurers — • 

It is the duty of division superintendents to require county 
treasurers to report to them, on or before the 10th of December 
in each year and thereafter at intervals of three weeks until the 
close of the fiscal year, all details in connection with the receipt, 
apportionment, and disbursement of the school funds of the 
division — State and local. Regulation 74. 



REGULATIONS OF THE STATE BOARD OF EDUCATION 263 

Division Superintendents — 

The annual report required to be made by division superin- 
tendents to the superintendent of public instruction must be 
prepared on or before the first day of September, and cover, in 
the form prescribed, all particulars called for concerning the 
work of the school year ending the 30th of June preceding, and 
must be supplemented by an advisory re]K)rt showing school con- 
ditions in their respective divisions and making such sug- 
gestions as seem good for the schools. 

Until such report is received at the Department of Public 
Instruction, a division superintendent may not draw his August 
salary, or any subsequent installments of pay from the State 
treasury. 

Unless otherwise directed by the superintendent of public 
instruction, it is the duty of a division superintendent to fur- 
nish a brief abstract of his annual report to every newspaper 
published in the county. 

Regulation 71. 

Division superintendents are further required to make 
regular monthly reports to the superintendent of public instruc- 
tion in form prescribed by him, and special reports from time 
to time as he may require ; to keep in a bound volume a record 
of his own official Acts, and to file methodically all' ofiicial 
papers. Regulations 69, 90. 

The Superintendent of Pvhlic Instruction has authority to 
require such reports from division superintendents, and special 
reports at any time from any officer connected with the public 
school system. He may also appoint persons, at his discretion, 
to visit or examine all or any part of the public free schools in 
the county wherein such persons reside and report to him touch- 
ing all matters indicated by him respecting their condition and 
management and the means of improving them, but no allow- 
ance or compensation may be made such person for their 
services or expenses. 

After due notice to the party concerned, the State Board of 
Education may impose upon any division superintendent, for 
failure to have his monthly or annual reports in place at the 
times stipulated above, or failure to furnish information as and 
when called for by the Department of Public Instruction, a fine 
of $1.00 ])er day for every day's delay; provided that the 
amount of such fine for delay of a monthly or special report 
shall not exceed the amount of his salary for one month, and 



264 VIRGINIA LAWS CONCERNING EDUCATION 

the amount of such fine for delay of an annual report shall not 
exceed one-half the amount of his salary for three months. 

Regulations 1(4), 70, 72, 81, 82. 

In case of any vacancy in the office of division superintendent 
of schools occurring when the State Board of Education is not 
in session, the superintendent of public instruction has authority 
to designate a school trustee of the division until the vacancy 
can be regularly filled. Regulation 91. 

Superintendent of Public Instruction — 

It is the duty of the superintendent of public instruction to 
submit to the State Board of Education annually, on or before 
the 1st day of November in each year, a detailed report of his 
official proceedings for one year ending the 30th day of the 
preceding June, exhibiting a plain statistical account of receipts 
and expenditures for public free schools, and of their con- 
dition and progress, showing the number of children, male and 
female, white and colored, respectively, in the State, and in 
each county, city, and school district, between seven and twenty 
years of age ; the average and total number at school during the 
year ; wages paid teachers ; the amount of each branch of 
school expenditures, severally; the cost of education per 
pupil, and whatever else may tend to show the degree of suc- 
cess and usefulness of the system ; he is also at liberty, and it 
is his duty, to offer suggestions to the State Board of Education 
and to the General Assembly concerning matters pertaining to 
his department at any time that the public interests seem to 
him to require it. Regulation 1(11). 

APPELLATE JURISDICTION 

The action of division superintendents in revoking teachers' 
certificates is subject to appeal, if taken within sixty days from 
date of revocation, to the superintendent of public instruction. 

From the decision of a division superintendent on the ques- 
tion of the attendance or cost of education of ])U])ils attending 
school in other than their districts of residence, appeal may be 
taken by any person interested, or either of the two district 
school boards concerned, to the superintendent of public instruc- 
tion. 

In all cases not otherwise provided for, any teacher or school 
officer, or five or more interested heads of families, who may 



REGULATIONS OF THE STATE BOARD OF EDUCATION 265 

feel themselves aggrieved by the acts of any person connected 
with the public school system, may, w^ithin ninety days after the 
happening of any such act, appeal to the superintendent of 
schools of their division. From his decision they have, upon a 
v^ritten presentation of all the evidence in the case, right of 
further appeal to the superintendent of public instruction, who, 
if he cannot satisfactorily adjust the matter, may, in his discre- 
tion, grant, upon application and evidence in writing, an appeal 
to the State Board of Education. The said board may, in its 
discretion, hear oral testimony after an appeal is granted; 
otherwise all evidence must be in writing. 

The superintendent of public instruction must decide all 
appeals from decisions of division superintendents of schools 
when made in the prescribed form. He may, however, in his 
discretion, refer the matter to the State Board of Education, 
to which body the right of appeal lies for the final determination 
of all cases from decisions of the superintendent of public in- 
struction. 

Copies of all decisions of the superintendent of public 
instruction and of the State Board of Education must be kept 
on file in the ofiice of the Department of Public Instruction 
open to the inspection of all persons concerned. 

Kegulations 1(6) (7), 20, 85, 125. 

SCHOOL FUNDS 

Scheme for Apportionment of State School Funds — 

It is the duty of the superintendent of public instruction to 
annually prepare a scheme for the apportionment of the State 
school funds under § 1507 of the Code, with summaries of the 
data on which it is founded, and furnish copy of the scheme and 
of the summaries to the second auditor and to each divison 
superintendent and county and city treasurer of the State. 
This apportionment scheme must be upon the basis of the 
number of children between seven and twenty years of age in 
each district, as shown by the census last taken, or, in default 
of that, upon the latest and best oflicial authority accessible to 
the superintendent of public instruction. Regulation 1(9). 

Disposition of State and County Funds — 

The proceeds of State and county school funds must be used 
exclusively for the pay of teachers, except that any residue 



266 VIRGINIA LAWS CONCERNING EDUCATION 

which may remain after providing a fair scale of salaries for 
teachers may be used for the pay of drivers of school wagons. 
Regulation 103. 

Scheme for Apportionment of Local School Funds — 

It is the duty of every division superintendent to prepare 
annually, under direction of the county school board, a scheme 
for apportioning the State and county school funds among the 
districts, and furnish a copy to the county treasurer, to the clerk 
of each school district board, and to the editor of each news- 
paper published within the county. Whenever there is county 
school money in the treasury it is the superintendent's duty to 
take proper steps to have it apportioned to the districts of the 
county, and to notify district clerks in writing of the amount 
apportioned, as well as the amount of district tax in the hands 
of the treasurer, belonging to their respective districts, entering 
in the records, required to be kept, the full scheme and also the 
amount apportioned. Regulations 75, 76, 77. 

Disposition of District Funds — 

The district school fund, arising from the district school tax, 
is under the control of the district school board, and must be 
used for building and furnishing schooj houses and defraying 
the contingent expenses of the schools of the district. 'No part 
of it should be used for any other purpose until the district has 
been provided with comfortable, sightly, and well-furnished 
school houses. Any residue should be used, as far as possible, 
for the pay of teachers. Regulation 103. 

Fines for Benefit of Literary Fund — 

"The superintendent of public instruction of Virginia, by and 
with the advice of the attorney-general of this State, is author- 
ized to take such steps and employ such attorneys and agents 
for the collection of fines due the Commonwealth for the benefit 
of the literary fund as may be deemed necessary, the said 
attorneys and agents to be paid for their services, out of actual 
collections made in each individual case, such compensation as 
may be agreed on in writing; provided that no STich attorney 
or agent may be employed to enforce the collection of any fine 
which has been imposed during the term of office of any attorney 
for the Commonwealth now in office in this State. When such 
collections are made, the net amounts thereof must be turned 
into the treasury of the State to the credit of the literary fund 



AGRICULTURAL EXTENSION WORK 267 

as provided by law, and the superintendent of public instruc- 
tion, by and with the advice and cooperation of the attorney- 
general of this State, is authorized to make such compromise, 
settlement, and adjustment of said fines as may be deemed right 
and proper and for the best interests of the school funds of 
this State/' 

Regulation 135. 

Building and Equipment of School Houses — 

District school trustees should exercise the greatest care in 
the selection of plans and sites for school houses, and see to it 
that they are properly constructed and furnished with the 
necessaiy conveniences and appliances in accordance with the 
provisions of the school laws. Regulation 107. 

Care of School Houses, etc. — 

It is the duty of district school trustees to visit the schools 
while they are in operation in their respective districts and see 
that they are in proper condition, and in vacation see that the 
houses are securely locked and the school property carefully 
preserved. 

It is the duty of teachers to see that the school houses in which 
they teach are kept clean and made comfortable and attractive, 
and they should encourage pupils to aid in this work. In case 
a school house is in unsuitable condition, or necessary supplies 
are needed, the teacher should report the facts at once to the 
clerk of the district school board or the nearest trustee. 

Regulations 108, 132. 

THE "SMITH-LEVER BILL" 

Agricultural Extension Work 
Appropriations — 

The Act of Congress, approved .\ray 8, 1914, familiarly 
known as the "Smith-Lever Bill," made the following appro- 
priations in aid of agricultural and home economics extension 
work, available for distribution through the States of the Union 
in the proportions and under the conditions stated: 

1. $480,000.00 as a permanent annual appropriation, to be 
paid in semi-annual installments on the 1st of Tnly and Janu- 
ary in each year after the passage of said Act; $10,000.00 to 



268 VIRGINIA LAWS CONCERNING EDUCATION 

each one of the forty-eight States which by action of its legisla- 
ture assents to the provisions thereof. 

2. $000,000.00 additional for the fiscal year following that 
in which the foregoing appropriation first became available. 

8. For each year thereafter, for seven years, a sum exceed- 
ing by $500,000.00 the sum appropriated for each preceding 
year. 

4. Thereafter there is permanently appropriated for each 
year the sum of $4,100,000.00, in addition to said sum of 
$480,000.00. 

Distribution of the Appropriation. — Each State will continue 
to receive its $10,000.00 per annum from the said $480,000.00 
appropriation, and the additional sums are to be allotted by the 
Secretary of Agriculture annually to each State qualified to 
participate, in the proportion which the rural population of each 
State bears to the total rural population of all the States, as 
determined by the next preceding Federal census. 

Administration of the Fund. — The said Act provides that the 
work shall be inaugurated and administered in connection with 
the State agricultural colleges in the United States now receiv- 
ing or hereafter to receive the benefits of the Act of Congress of 
July 2, 1862, entitled ''An Act donating public lands to the 
several States and Territories which may provide colleges for 
the benefit of agriculture and mechanic arts," and the Act of 
Congress of August 30, 1890. In any State in which two or 
more such colleges have been or hereafter may be established, 
its legislative body must direct which of such colleges shall 
administer the allotments of said appropriations. 

Purpose of the Worh. — The purpose of the work is to aid in 
diffusing among the people of the United States useful and 
practical information on subjects relating to agriculture and 
home economics, and to encourage the application thereof, by 
giving instruction to persons not attending or resident in said 
colleges through field demonstrations, publication, and other- 
wise, carried on in such manner as may be mutually agreed 
upon by the Secretary of Agriculture and the said colleges, 
respectively. 

Conditions of Participation. — Before the funds appro]UM'ated 
can become available for any college foi any fiscal year, ])lans 
for the work to be carried on under this Act must be submitted 



AGRICULTURAL EXTENSION WORK 269 

by the proper officials of each college and approved by the 
Secretary of Agriculture. 

'No payment out of the additional appropriations (that is, 
additional to the said $480,000.00 permanent annual appro- 
priation) may be made in any year to any State until an equal 
sum has been appropriated for that year by its legislature, or 
provided by State, county, college, or local authority, or indi- 
vidual contributions within the State, for the maintenance of 
the cooperative agricultural extension work provided for by 
said Act. 

Payment of Appropriation. — The sums appropriated and 
distributed as above are payable in equal semi-annual install- 
ments on the 1st of January and July of each year by the 
Secretary of the Treasury upon the warrant of the Secretary 
of Agriculture out of the Treasury of the United States to the 
treasurer or other officer of the State duly authorized by law 
to receive the same. 

On or before the 1st day of July in each year the Secretary 
of Agriculture must ascertain and certify to the Secretary of 
the Treasury as to each State whether it is entitled to receive 
its share of said annual appropriation and the amount it is 
entitled to receive. If a certificate of its appropriation is with- 
held from any State, the facts and reasons therefor must be 
reported to the President, and the amount involved kept sepa- 
rate in the Treasury until the expiration of the Congress next 
succeeding a session of the legislature of said State, in order 
that an appeal may be made to Congress from the determina- 
tion of the Secretary of Agriculture. If the next Congress does 
not direct such sum to be paid, it shall be covered into the 
Treasury. 

Restrictions as to use of Appropriations. — No portion of said 
moneys may be applied directly or indirectly to the purchase, 
erection, preserA^ation, or repair of any building, or the pur- 
chase or rental of land, or in college-course teaching, lectures in 
colleges, promoting agricultural trains, or any other purpose 
not specified above, and not more than 5% of each annual 
appropriation may be applied to the printing and distribution 
of publications. 

If any portion of the moneys received under the provisions 
of this Act shall by any action or contingency be diminished, 
lost, or misapplied, the same must be replaced by the State to 



270 VIRGINIA LAWS CONCERNING EDUCATION 

which it belongs, and until so replaced no subsequent appro- 
priation may be apportioned or paid to such State. 

Reports. — It is the duty of the treasurer or other officer of the 
State authorized to receive the semi-annual installments of said 
appropriations to report to the Secretary of Agriculture on or 
before the 1st day of September in each year a detailed state- 
ment of the amount so received during the previous fiscal year, 
and of its disbursement. 

Each of said colleges is required, annually, on or before the 
1st day of January, to make to the governor of the State in 
which it is located a full and detailed report of its operations in 
the direction of extension work as defined in said Act, including 
a detailed statement of receipts and expenditures from all 
sources for this purpose, a copy of which report must be sent to 
the Secretary of Agriculture and to the Secretary of the 
Treasury of the United States. 

The Secretary of Agriculture must make an annual report 
to Congress of the receipts, expenditures, and results of the 
work in all the States receiving the benefit of this Act, and 
also whether the appropriation has been withheld from any 
State, and, if so, the reasons therefor. 

Congress may at any time alter, amend, or repeal any or all 
the provisions of said Act. 



GENERAL INDEX 



GENERAL INDEX 271 



GENERAL INDEX 



A. 

Accidents — page 

Prevention of, taught in public schools 15, 25, 35 

Accountant — 

State 61-2,188-9 

Administration — 

Costs of 191-6 

Libraries 94, 97, 99, 185-7 

±*ersonal property held for State institutions of learning 183-5 

Public free school system of Virginia 29-62 

Revenues and property held in the interest of public education.... 169-90 

State schools for the defective, deficient, and delinquent 87-93 

State institutions of learning 75-86 

Agriculture — 

Agricultural extension work — Provision hy U. S. Congress 267-270 

Agricultural high schools 11-12 

Agricultural training in public schools 15 

County appropriations for promotion of agriculture 136-7 

State appropriations for promotion of agriculture 111-16 

Appeals 53-4, 264-5 

Apportionment of School Funds — 

City— County— District— State 130, 172-4 

Appliances, School — 

Provided by local school boards ) 

Selected by State Board of Education t ' 

Apprentice — 

Master must teach 92 

Appropriations in Aid of Education — 

State revenues in treasury not otherwise appropriated, 1910-11 to 

1915-16, inclusive 110-130 

City Councils, may make appropriations in lieu of levy 56, 139 

Supervisors, special appropriations in aid of education 55, 136-7 

Arbor Day 28 

Arms — 

Small arms furnished State institutions of learning 101 



18 



274 VIRGINIA LAWS CONCERNING EDUCATION 

Auditor of Public Accounts — page 

Duties — Election — Powers — Term of office 59, 61, 172 

Audit of Financial Transactions of County Officers 190 

Auditing Committee — 

Appointment — composition — duties — powers 61 

Auditors — 

State auditor of public accounts) 

Second auditor ( 

B. 

Bequests, Etc., for Educational Purposes 145-52 

Boards — 

City school boards 39 

County school boards 41 

District school boards 40 

School trustee — electoral boards 41 

State Board of Education 30 

State Board of Health 24, 259-61 

Visitors or trustees of institutions educational in character 75-93 

Bond Issues and Loans 162-8 

Bonds Required of Officers Handling Public Funds 170 



c. 

Capitation Tax — 

Local 139 

State 130 

Carnegie Foundation — University of Virginia Beneficiary 66 

Certificates for Public School Teachers 21. 236-256 

Cities — 

Classification 16, 40 

Councils and mayors — duties — election — powers — terms of office 56-7 

Power of city to incur indebtedness 162 

Public school system 10 

School boards — qualification of members — duties — election — organ- 
ization — powers — term of office — vacancies 39, 41-47 

School funds — levy or appropriation 136-139 

Treasurers — commissions — duties — election — powers — term of 
office 57-8, 170-1, 175-81, 194-6 

Child Labor Law 21 

Children — 

Defective — deficient — delinquent — destitute — orphaned — schools, 
and laws for protection 87-93, 126-8 



GENEEAL IXDEX 275 

Clerks of School Boards — page 

Compensation — duties — expenses — qualifications — powers-46-47, 51, 194 

Collection of School Funds 170-171 

Retired Teachers' Fund 139-40, 173 

College — defined 233 

College of William and Mary in Virginia — 

Administration of college and finances — appointment — duties, 
organization and powers of board of visitors — appropriations — 
property 70, 81-2, 120-1, 160, 185 

Commercial Education 15 

Commonwealth's Attorneys — 

Duties — election — powers — term of office 54-5 

Commission to Devise Suitable Methods for the Maintenance, 
Management and Support of the Educational Institutions 
OF the State 129-30 

Compulsory Education — 

Constitutional provision — statutory provisions 19-20 

Condemnation of Property — 

Educational purposes — public free schools — school buildings — State 
institutions of learning 102, 155-6 

Conservators of the Peace at Universities and Colleges 103-4 

Contagious Diseases 24 

Consolidation of Schools 9, 230 

Contracts — 

Text book publishers 26 

Teachers 21,22 

Teachers, school officers, boards of visitors and trustees, forbidden 
to have interest, directly or indirectly, in contracts with their 
respective educational institutions or agencies 154 

Coordinate College for Women of the University of Virginia — 
Commission to investigate question — donations to — bond issues by 
Albemarle County and Charlottesville authorized in aid of, 

129-30, 150, 168 
Corporations Without Capital Stock — 

Boards of visitors of State institutions 75-94 

Formation of corporations without capital stock 100 

Gifts, etc., to, 148 

School boards 30,39-41 

Costs of Administration — 

Public School system 1 

State Institutions of Learning ( 



276 VIRGINIA LAWS CONCERNING EDUCATION 

Counties — * page 

Funds for public schools 136-9 

School boards — annual reports — composition — duties — organiza- 
tion — powers 40, 41, 47-51, 180-81 

Treasurers — commissions — duties — election — powers — term of 
office 57-8, 194-6 

Warrants 177 

Councils of Cities and Towns — 

Duties in connection with public schools — election — powers — terms 

of office 56-7 

Counsel — 

School board authority to employ to protect school property 160 

Courses of Study for Common and High Schools 14, 15, 235 

Custody of School Funds — 

City — county — district — State 174-6 



D. 

Defective, Deficient, Delinquent, Destitute, and Orphaned 

Children ...87-93 

Demonstration Work 69-70, 80-1, 120, 267-70 

Devises, Etc., for Educational Purposes — ^Validity 145-52 

Disbursement of School Funds — 

State treasury 175-6 

Local treasuries 176-7 

Disinfection and Sanitation of School Buildings 155, 259-61 

Distribution of Pupils and Schools by Districts, and the Use 

AND Management of Public Free Schools of Virginia.... 15-28, 236 

District School Boards — 

Duties — election — funds — gifts — organization — powers — qualifica- 
tions — reports — terms of office — vacancies.. ..39-47, 137-40, 146-9, 179 

Disturbing School Exercises 27 

Division Superintendents of Schools — 

Duties — election — list of present incumbents of office — pay — 
powers — qualifications — ^term of office 35-39, 192-3, 224-6 

Domestic Science and Art 15 

Donations 145-152 

E. 

Educational Institutions and Agencies — 

Libraries 94-9 

Public free schools established in Virginia, as distributed, used, 
and managed 9-28 



GENERAL INDEX 277 

PAGE 

State Institutions of learning 65-74 

State schools for the defective, deficient, and delinquent, and laws 

for the protection of destitute and orphaned children 87-93 

Miscellaneous provisions of the law concerning educational insti- 
tutions and agencies — State, local, and private 100-5 

Commission to devise suitable methods for the maintenance, man- 
agement, and support of the educational institutions of the 

State 129-30 

Elections for Public Free School Purposes 62 

Estimates of Local School Funds — 

City — county — district school board estimates 169 

Exchange of School Property 158-9 

Executive Officers of the Public Free School System and State 

Institutions Educational in Character 29-62, 75-94 

Exemptions — 

Jury service — students, instructors, et al 103 

Real and personal property exempt from taxation 141-4 

F. 

Farmville State Normal School for Women — 

State students — administration — appropriations 71, 82, 121-2 

Fire Escapes 154 

First- and Second-Class Cities Defined 16 

Fiscal Year of the Commonwealth 178 

Fredericksburg State Normal School for Women — 

State students — administration — appropriations 71-2, 82-3, 121-2 

Furniture — 

Provided by local school boards ) 

Selected by State Board of Education C ' 

4 

G. 

Gifts, Grants, Devises, and Bequests for Educational Purposes — 

Validity of 145-5^ 

Glebe Lands and Church Property 145-6 

Graded Schools 9, 1 1 i-i6 

Grants, Etc., for Educational Purposes — Validity of 145-52 

Guardian's Duty to Provide for Education of Ward 92 

H. 

Hampton Normal and Agricultural Institute — 

State students — administration — appropriations.... 73-4, 85-6, 124-5, 185 



278 VIRGINIA LAWS CONCERNING EDUCATION 

Harrisonburg State Normal School for Women — page 

State students — administration — appropriations 71-2, 82-4, 122-3 

Health Regulations in the Public Schools 24-5 

Condemnation of unhealthful school 261 

Disinfection 155 

Hygiene taught 14-5, 235 

Medical inspection 259, 

Prevention of accidents 15, 25, 35 

Sanitation 155 

State Board of Health, rules and regulations 259-61 

Testing sight and hearing 25 

High Schools 10-11 

Agricultural high schools 11-12 

Appropriations — State aid 11 1-16, 235 

Normal departments 12 

Inspection 229 

Standard requirements — first grade — second grade — third grade — 
first grade normal training 230-3 

Higher Education of Women by the State — 

Commission to investigate question and make report to General 

Assembly 129-30 

Home Economics and Agricultural Extension Work — 

Act of Congress, May 8, 1914— "Smith-Lever Bill" 267-70 

I. 

Incorporation of Educational Institutions 100 

Industrial Home School for Wayward Colored Girls 91 

Appropriations 128 

Inspection of Schools, Colleges, and Universities 229 

Industrial Training 12 

Intangible Personal Property Defined — 

Rate of taxation — State and local 131-3, 140-1 

J. 

JfiFFERSON Davis' Birthday — A State Holiday 27 

Joint Auditing Committee — Appointment — Duties — Powers 61 

Joint District Schools 9 

Junior College — Deb^ined 233 

Judges of Circuit and Corporation Courts — 

Duties and powers in connection with public free schools — election 
— terms of office 58-9 

Jury Service — 

Exemptions of students, and others, during term 103 



GENERAL INDEX 279 

L. 

LaUEEL RefOKMATORY — PAGE 

Public free school on grounds, government — discipline — appropria- 
tions 91, 112-16-28 

Laws for Protection of Destitute and Orphaned Children 92-3 

Law Libraries — 

State law library .• 94 

University of Virginia law library — ^briefs and records from Court 
of Appeals to be furnished 65 

Levies — 

City — county — district ; when made — limit — exemptions — submis- 
sion of question of amount of levy to qualified voters 137-9 

Levying Taxes for School Purposes — 

City — county — district 170 

Literary Fund — 

Administration — investment — loans to school district for school 
building — securities — reports 109-10, 163-4, 181-2 

Fines for benefit of — collection 266 

Libraries 94-9 

Appropriations 111-16, 129 

Loans and Bond Issues for School Building and Educational De- 
velopment 162-8 

Loan Fund, State Students 72 

Lobbying by Representatives of State Institutions Prohibited 110 

Logs — Unbranded and Unclaimed — Sold and Proceeds Paid to Dis- 
trict School Board 137-8 

M. 

Manual Training 15 

Medical Inspection of Schools 259 

Medical College of Virginia 70, 82, 121 

Medical Science — Promotion of 65, 71, 101 

Miller Manual Labor School of Albemarle 92-3 

Military — Small Arms Punished State Institutions of Learning 101 

Minor Child, How May Be Placed in School or Asylum 92 

Moneys — Taxation by State 134 

N. 

Negro Reformatory Association — 

Public free school on grounds, government — discipline — appropria- 
tions 92, 1 12-16, 128 



280 VIKGINIA LAWS CONCERNING EDUCATION 

PAGE 

Night Schools and Evening Classes 11-12,235 

Normal Schools 12-13 

City normal schools 12 

Department of high schools — appropriations 111-16 

State Normal Schools for Women — Farmville, Fredericksburg, 

Harrisonburg, and Radford 71-2 

Summer normal schools 13-14 

0. 

Organization — 

Public free school system of Virginia 9-28 

Minimum number required to form a school 229-30 

Officers — 

Chosen at special elections to fill vacancies 62 

Removal of officers 62 

Retiring school officers 53 

School officers may have no interest in school contracts 154-5 

Orphaned Children — 

Laws for protection of 92 

P. 

Part-Time, Continuation or Evening Classes for Industrial Edu- 
cation, Etc 12 

Penalties — 

Reports, failure to make required 179 

Destruction or injury of school or college property 104 

Offending against the school laws 53 

Playgrounds 100-1 

Prevention of Accidents Taught in the Public Schools 25 

Protection of Universities, Colleges, and Seminaries of Learn- 
ing — Conservators of the Peace — City Ordinances 103-4 

Pensions for Teachers (See Retired Teachers' Fund) 

Public Free School System in Virginia — 

Administration 26-92 

Costs of administration 191-6 

Loans and bond issues 162-6 

Libraries 98-9 

Organization 9-28 

Real and personal property 153-8 

Revenues 109-144, 169-90 

Gifts, grants, donations, etc 149 

Public Free School Teachers 21-24 



GENERAL INDEX 281 

PAGE 
Public School Officials of Virginia, list of names 223-6 

Publications — 

State publications furnished institutions of learning 101 

Publication of annual report by county school board 180 

Pupils — 

Age limits — courses of study — distribution by districts 14-19, 235 

Public Free School Libraries 98,111-16,129 

Public Free Libraries and Reading Rooms in Incorporated Towns 

AND Cities 99 

Population — 

Census of school children — school age limits 17-18 

Property — 

Taxation for school purposes 130-41 

Exemption of school property from taxation 141-44 

State institutions educational in character 160 

Condemnation — purchase — sale — exchange of for school pur- 
poses 153-61 

Title to real estate 153-61 



Q. 

Qualified Voters — 

Questions of increased levies for school taxes and bond issues for 
school purposes to be submitted to 138-9, 164-6 



R. 

Radford State Normal School for Women 71-2,82,123-4 

Reading Course 253 

Real Estate — 

Condemnation — purchase — title — exchange — sale 103, 153-61 

Exemptions from taxation 141-4 

Taxation of real estate for school purposes 132-39 

Register of Property of State Institutions 160 

Registration of Schools, Colleges, and Universities by the State Board 

of Education 229-33 

Regulations of the State Board of Education 227-67 

Removal of Officers 62 

Reports of School Officers and Teachers 26,34,35,39,45,49,178-81 

Reports required annually of State institutions educational in 
character 187-8 

Penalties for failure to make reports 179 

Retiring School Officers 52 



282 VIRGINIA LAWS COT^CERNING EDUCATION 

PAGE 

Retired Teachers' Fund 23-4, 111-lG, 139-40, 173, 182-3 

Revenues 109-144, 169-190 

s. 

Sale of School Property 158-9 

Sale of Real Estate Belonging to State Institutions of Learning 103 

Sanitation and Disinfection of School Buildings 155 

School Age 17, 235 

School Appliances 153 

School Boards — 

City school boards 39 

County school boards J 41 

District school boards 40 

School trustee electoral boards 41 

Sub-district school boards 1 50 

School Bond Issues 164-6 

School Buildings — 

Care of — condemned when unfit for use — contracts — disinfection — 
equipment — plans — provision for erection — sanitation — specifi- 
cations 153-5,261,267 

School Census 17 

School Contracts — 

Teachers 21-2,256 

School officers and teachers may have no interest therein 154-5 

School Courses of Study 14-15, 235 

School Districts in Cities, Towns, and Counties 15-16 

School Exercises — Daily Session — School Month 261-2 

School Funds 109-152, 178-181, 266-7 

School Furniture — 

Provided by school boards ") ,^0 

Selected by State Board of Education C 

School Holidays 27-8,261-2 

School Laws and Regulations — 

Interpretation and enforcement 29-62, 227-8 

Laws applicable alike to cities, towns, and counties — exceptions.... 16 

School Population 17 

School Trustee Electoral Board — 

Composition — duties — organization — powers — qualifications — 
vacancies — costs of administration 41, 51-3, 193 

School Property — Employment of Counsel to Protect 160 



GENERAL INDEX 283 

PAGE 

Second Auditor — 

Duties — election — power of office 59,60,61, 181-8 

Secretary to the State Board of Education 223 

Segregation of Property to Taxation 131 

Settlements and Reports of School Funds 171-178 

"Smittt-Lever Bill" — Agriculture and Home Economics 267-70 

Social Centers — School Buildings Used for 159 

State Accountants — 

Appointment — duties — powers — qualifications — term of office — 
system of checks and balances to be established by him....61-2, 188-9 

State Auditors — 

Auditor of Public Accounts — Second Auditor 59-60 

State Board of Education — 

Composition — duties — election — expenses — organization — powers — 
qualifications of members, regulations — terms of office — vacancies 
in office 31-4, 115, 191, 223, 227, 267 

State Board of Health — 

Rules and Regulations 24, 259-261 

State Institutions of Learning — 

Colored students — Co-educational 73-4, 84-6 

Men 65-71,75-82 

Women 71-2,82-4 

State Schools for Defective, Deficient, and Delinquent 87-93 

State Libraries 94-7, 129, 151-2, 185-7 

State Normal Schools for Women 71-2,84-6, 185 

State Publications Furnished Institutions of Learning 101 

State School Examiners 238 

State School Funds — 

Annual interest on literary fund — appropriations — capitation tax — 
tax on property — when district may not receive State school 
funds 109-35, 170-90,265-6 

State School Inspectors 223, 229 

State Revenues for Apportionment to Public Free Schools 1910-15, 

Inclusive 130-5 

State Taxation 130-5 

State Students' Loan Fund 72, 125 

State Treasurer — 

Duties — Election — Powers — Term of office 61, 188 

Sub-Districts , 50-1 



284 VIEGINIA LAWS CONCERNING EDUCATION 

Suffrage — Students Right of 103 

Summer Normal Schools — 

White — colored — appropriations for # 111-16 

Superintendent of Public Instruction — 

Duties — election — expenses — offices — powers — qualifications — 

salary — term of office — vacancy in office 34-5, 191-2 

Supervisors, County Board of — 

Composition — duties — election — powers — term of office 55-56 

System of Checks and Balances for Public Funds 188-90 

T. 

Taxation — 

State 130-35 

Local ; 135-141 

Exemptions from taxation ! 141-44 

Tax System — Segregation 130 

Teachers — 

Assignment to positions in cities — authority — certificates — con- 
tracts — election by patrons — meetings — pay — pensions — records 
— retired teachers' fund — ^who may not teach. ...2 1-24, 111-16, 236-259 

Testing Sight and Hearing of School Children 25, 116 

Text Books for Public Free Schools — 

Contracts with publishers — books for indigent children — reports 

of text books used, made by teachers and school officers 26-7, 259 

Title to Property Held for Public Free Schools — and Joint Title 

BY Two Districts 157-8 

Towns — Power to Incur Indebtedness, Limitations 162-3 

Traveling Libraries 97, 129 

Treasurers — 

City— County— State 57-61. 178-80, 194-6 

Trust Funds — 

Reports — Trustee must not be personally interested in contract con- 
cerning trust subject 180 

u. 

Units defined 230 

University of Virginia 65-6, 75-7, 116-7, 149-50, 156, 160, 166-7, 184 

General Alumni Association of University 66, 77 

V. 

Virginia Agricultural and Mechanical College and Polytechnic 

Institute 68,78-9, 118-9, 150, 160-1, 185 



GENERAL INDEX 285 

PAGE 

Virginia Home and Industrial School for Girls... .90-1, 113-16, 127-8, 196 

Virginia Journal of Education, editor 223 

Virginia Military Institute 66-8, 77-9, 117-8, 156, 160-1, 167 

Virginia Norisial School Board 82-4, 196 

Virginia Normal and Industrial Institute 73, 84-5, 124, 150, 185 

Virginia Polytechnic Institute (See Virginia Agricultural and 
Mechanical College and Polytechnic Institute) 

w. 

Washington and Lee University — Power to Establish Scholar- 

. ships 151 

William and Mary College (See College of William and Mary in 

Virginia ) 
White and Colored Schools Must Be Separate 17 



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